Why Jimmy Kimmel’s First Amendment rights weren’t violated – but ABC’s would be protected if it stood up to the FCC and Trump
Wayne Unger, Quinnipiac University The assassination of conservative activist Charlie Kirk has sparked a wave of political commentary. There were the respectful and sincere comments condemning the killing. Former President Barack Obama said, “What happened was a tragedy and … I mourn for him and his family.” And former Vice President Mike Pence said, “I’m heartsick about what happened to him.” But Kirk’s killing also elicited what many saw as inappropriate comments. MSNBC terminated commentator Matthew Dowd after he said, “Hateful thoughts lead to hateful words, which then lead to hateful actions.” American Airlines grounded pilots accused of celebrating Kirk’s death. Perhaps the most notable reaction to remarks seen as controversial about the Kirk killing hit ABC comedian Jimmy Kimmel. His network suspended him indefinitely after comments that he made about the alleged shooter in Kirk’s death. Countless defenders of Kimmel quickly responded to his indefinite suspension as an attack on the First Amendment. MSNBC host Chris Hayes posted the following on X: “This is the most straightforward attack on free speech from state actors I’ve ever seen in my life and it’s not even close.” But is it?FCC Chairman Brendan Carr’s statement about how Jimmy Kimmel’s remarks could hurt ABC affiliate stations.
Free speech? It depends
The First Amendment limits government officials from infringing one’s right to free speech and expression. For example, the government cannot force someone to recite the Pledge of Allegiance or salute the American flag, because the First Amendment, as one Supreme Court justice wrote, “includes both the right to speak freely and the right to refrain from speaking at all.” And government cannot limit speech that it finds disagreeable while permitting other speech that it favors. However, the First Amendment does not apply to private employers. With the exception of the 13th Amendment, which generally prohibits slavery, the Constitution applies only to government and those acting on its behalf. So, as a general rule, employers are free to discipline employees for their speech – even the employees’ speech outside of the workplace. In this way, U.S. Sen. Lindsey Graham correctly said on X, “Free speech doesn’t prevent you from being fired if you’re stupid and have poor judgment.” This is why Amy Cooper’s employer, an investment firm, was free to terminate her following her 2020 verbal dispute in New York’s Central Park with a bird-watcher over her unleashed dog. She called the police, falsely claiming that the bird-watcher, a Black man, was threatening her life. The incident, captured on video, went viral and Cooper was fired, with her employer saying, “We do not condone racism of any kind.” This is also why ABC was able to fire Roseanne Barr from the revival of her show, “Roseanne,” after she posted a tweet about Valerie Jarrett, a Black woman who had been a top aide to President Obama, that many viewed as racist. But as a scholar of constitutional law, I believe Kimmel’s situation is not as straightforward.A marble plaque inscribed with the First Amendment sits on Independence Mall in Philadelphia, Pa.Raymond Boyd/Getty Images
Threat complicates things
Neither Cooper’s employer nor Barr’s employer faced any government pressure to terminate them. Kimmel’s indefinite suspension followed a vague threat from the chairman of the Federal Communications Commission, Brendan Carr. As complaints about Kimmel’s statement exploded in conservative media, Carr suggested in a podcast interview that Kimmel’s statements could lead to the FCC revoking ABC affiliate stations’ licenses. “We can do this the easy way or the hard way,” Carr said. But the Supreme Court has been crystal clear. Government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors. In a 2024 case, National Rifle Association v. Vullo, a unanimous Supreme Court plainly said that the government’s threat of invoking legal sanctions and other coercion to suppress speech it doesn’t like violates the First Amendment. That principle is so profound and fundamental that it got support from every member of an often bitterly divided court. A threat to revoke broadcast licenses would almost certainly be seen in a court of law as a government action tantamount to coercion. And Carr’s public comments undoubtedly connect that threat to Kimmel’s disfavored comments. If the FCC had indeed moved to strip ABC affiliates of their licenses to broadcast because of what Kimmel said, ABC and its parent company, Disney, could have sued the FCC to block the license revocations on First Amendment grounds, citing the NRA v. Vullo case. But the network seemingly caved to the coercive threat instead of fighting for Kimmel. This is why so many are decrying the Kimmel suspension as an attack on free speech and the First Amendment – even though they might not fully understand the law they’re citing. Wayne Unger, Associate Professor of Law, Quinnipiac University This article is republished from The Conversation under a Creative Commons license. Read the original article.
The 8,000-Year History of Pecans: How America’s Only Native Nut Became a Holiday Staple
Discover how pecans went from ignored trees to holiday staples over 8,000 years. Learn about Native American pecan use, the enslaved man who revolutionized pecan grafting, George Washington’s pecan obsession, and why the US produces 80% of the world’s pecans.
How pecans went from ignored trees to a holiday staple – the 8,000-year history of America’s only native major nut crop
Shelley Mitchell, Oklahoma State University Pecans have a storied history in the United States. Today, American trees produce hundreds of million of pounds of pecans – 80% of the world’s pecan crop. Most of that crop stays here. Pecans are used to produce pecan milk, butter and oil, but many of the nuts end up in pecan pies. Throughout history, pecans have been overlooked, poached, cultivated and improved. As they have spread throughout the United States, they have been eaten raw and in recipes. Pecans have grown more popular over the decades, and you will probably encounter them in some form this holiday season. I’m an extension specialist in Oklahoma, a state consistently ranked fifth in pecan production, behind Georgia, New Mexico, Arizona and Texas. I’ll admit that I am not a fan of the taste of pecans, which leaves more for the squirrels, crows and enthusiastic pecan lovers.
The spread of pecans
The pecan is a nut related to the hickory. Actually, though we call them nuts, pecans are actually a type of fruit called a drupe. Drupes have pits, like the peach and cherry.Three pecan fruits, which ripen and split open to release pecan nuts, clustered on a pecan tree.IAISI/Moment via Getty Images The pecan nuts that look like little brown footballs are actually the seed that starts inside the pecan fruit – until the fruit ripens and splits open to release the pecan. They are usually the size of your thumb, and you may need a nutcracker to open them. You can eat them raw or as part of a cooked dish. The pecan derives its name from the Algonquin “pakani,” which means “a nut too hard to crack by hand.” Rich in fat and easy to transport, pecans traveled with Native Americans throughout what is now the southern United States. They were used for food, medicine and trade as early as 8,000 years ago.Pecans are native to the southern United States.Elbert L. Little Jr. of the U.S. Department of Agriculture, Forest Service Pecans are native to the southern United States, and while they had previously spread along travel and trade routes, the first documented purposeful planting of a pecan tree was in New York in 1722. Three years later, George Washington’s estate, Mount Vernon, had some planted pecans. Washington loved pecans, and Revolutionary War soldiers said he was constantly eating them. Meanwhile, no one needed to plant pecans in the South, since they naturally grew along riverbanks and in groves. Pecan trees are alternate bearing: They will have a very large crop one year, followed by one or two very small crops. But because they naturally produced a harvest with no input from farmers, people did not need to actively cultivate them. Locals would harvest nuts for themselves but otherwise ignored the self-sufficient trees. It wasn’t until the late 1800s that people in the pecan’s native range realized the pecan’s potential worth for income and trade. Harvesting pecans became competitive, and young boys would climb onto precarious tree branches. One girl was lifted by a hot air balloon so she could beat on the upper branches of trees and let them fall to collectors below. Pecan poaching was a problem in natural groves on private property.
Pecan cultivation begins
Even with so obvious a demand, cultivated orchards in the South were still rare into the 1900s. Pecan trees don’t produce nuts for several years after planting, so their future quality is unknown.An orchard of pecan trees.Jon Frederick/iStock via Getty Images To guarantee quality nuts, farmers began using a technique called grafting; they’d join branches from quality trees to another pecan tree’s trunk. The first attempt at grafting pecans was in 1822, but the attempts weren’t very successful. Grafting pecans became popular after an enslaved man named Antoine who lived on a Louisiana plantation successfully produced large pecans with tender shells by grafting, around 1846. His pecans became the first widely available improved pecan variety.Grafting is a technique that involves connecting the branch of one tree to the trunk of another.Orest Lyzhechka/iStock via Getty Images The variety was named Centennial because it was introduced to the public 30 years later at the Philadelphia Centennial Expedition in 1876, alongside the telephone, Heinz ketchup and the right arm of the Statue of Liberty. This technique also sped up the production process. To keep pecan quality up and produce consistent annual harvests, today’s pecan growers shake the trees while the nuts are still growing, until about half of the pecans fall off. This reduces the number of nuts so that the tree can put more energy into fewer pecans, which leads to better quality. Shaking also evens out the yield, so that the alternate-bearing characteristic doesn’t create a boom-bust cycle.
US pecan consumption
The French brought praline dessert with them when they immigrated to Louisiana in the early 1700s. A praline is a flat, creamy candy made with nuts, sugar, butter and cream. Their original recipe used almonds, but at the time, the only nut available in America was the pecan, so pecan pralines were born.Pralines were originally a French dessert, but Americans began making them with pecans.Jupiterimages/The Image Bank via Getty Images During the Civil War and world wars, Americans consumed pecans in large quantities because they were a protein-packed alternative when meat was expensive and scarce. One cup of pecan halves has about 9 grams of protein. After the wars, pecan demand declined, resulting in millions of excess pounds at harvest. One effort to increase demand was a national pecan recipe contest in 1924. Over 21,000 submissions came from over 5,000 cooks, with 800 of them published in a book. Pecan consumption went up with the inclusion of pecans in commercially prepared foods and the start of the mail-order industry in the 1870s, as pecans can be shipped and stored at room temperature. That characteristic also put them on some Apollo missions. Small amounts of pecans contain many vitamins and minerals. They became commonplace in cereals, which touted their health benefits. In 1938, the federal government published the pamphlet Nuts and How to Use Them, which touted pecans’ nutritional value and came with recipes. Food writers suggested using pecans as shortening because they are composed mostly of fat. The government even put a price ceiling on pecans to encourage consumption, but consumers weren’t buying them. The government ended up buying the surplus pecans and integrating them into the National School Lunch Program.Today, pecan producers use machines called tree shakers to shake pecans out of the trees.Christine_Kohler/iStock via Getty Images While you are sitting around the Thanksgiving table this year, you can discuss one of the biggest controversies in the pecan industry: Are they PEE-cans or puh-KAHNS? Editor’s note: This article was updated to include the amount of protein in a cup of pecans.Shelley Mitchell, Senior Extension Specialist in Horticulture and Landscape Architecture, Oklahoma State University This article is republished from The Conversation under a Creative Commons license. Read the original article.
Why the chemtrail conspiracy theory lingers and grows – and why Tucker Carlson is talking about it
The chemtrail conspiracy theory has surged despite being thoroughly debunked. Learn why people believe contrails are chemical weapons, how Tucker Carlson amplified the theory, and what psychology reveals about conspiracy thinking and our need for control.
Contrails have a simple explanation, but not everyone wants to believe it. AP Photo/Carolyn Kaster
Why the chemtrail conspiracy theory lingers and grows – and why Tucker Carlson is talking about it
Calum Lister Matheson, University of Pittsburgh Everyone has looked up at the clouds and seen faces, animals, objects. Human brains are hardwired for this kind of whimsy. But some people – perhaps a surprising number – look to the sky and see government plots and wicked deeds written there. Conspiracy theorists say that contrails – long streaks of condensation left by aircraft – are actually chemtrails, clouds of chemical or biological agents dumped on the unsuspecting public for nefarious purposes. Different motives are ascribed, from weather control to mass poisoning. The chemtrails theory has circulated since 1996, when conspiracy theorists misinterpreted a U.S. Air Force research paper about weather modification, a valid topic of research. Social media and conservative news outlets have since magnified the conspiracy theory. One recent study notes that X, formerly Twitter, is a particularly active node of this “broad online community of conspiracy.” I’m a communications researcher who studies conspiracy theories. The thoroughly debunked chemtrails theory provides a textbook example of how conspiracy theories work.
Boosted into the stratosphere
Conservative pundit Tucker Carlson, whose podcast averages over a million viewers per episode, recently interviewed Dane Wigington, a longtime opponent of what he calls “geoengineering.” While the interview has been extensivelydiscredited and mocked in other media coverage, it is only one example of the spike in chemtrail belief. Although chemtrail belief spans the political spectrum, it is particularly evident in Republican circles. U.S. Secretary of Health and Human Services Robert F. Kennedy Jr. has professed his support for the theory. U.S. Rep. Marjorie Taylor Greene of Georgia has written legislation to ban chemical weather control, and many state legislatures have done the same. Online influencers with millions of followers have promoted what was once a fringe theory to a large audience. It finds a ready audience among climate change deniers and anti-deep state agitators who fear government mind control.
Heads I win, tails you lose
Although research on weather modification is real, the overwhelming majority of qualifiedexperts deny that the chemtrail theory has any solid basis in fact. For example, geoengineering researcher David Keith’s lab posted a blunt statement on its website. A wealth of other resources exist online, and many of their conclusions are posted at contrailscience.com. But even without a deep dive into the science, the chemtrail theory has glaring logical problems. Two of them are falsifiability and parsimony.The philosopher Karl Popper explains that unless your conjecture can be proved false, it lies outside the realm of science. According to psychologist Rob Brotherton, conspiracy theories have a classic “heads I win, tails you lose” structure. Conspiracy theorists say that chemtrails are part of a nefarious government plot, but its existence has been covered up by the same villains. If there was any evidence that weather modification was actually happening, that would support the theory, but any evidence denying chemtrails also supports the theory – specifically, the part that alleges a cover-up. People who subscribe to the conspiracy theory consider anyone who confirms it to be a brave whistleblower and anyone who denies it to be foolish, evil or paid off. Therefore, no amount of information could even hypothetically disprove it for true believers. This denial makes the theory nonfalsifiable, meaning it’s impossible to disprove. By contrast, good theories are not false, but they must also be constructed in such a way that if they were false, evidence could show that. Nonfalsifiable theories are inherently suspect because they exist in a closed loop of self-confirmation. In practice, theories are not usually declared “false” based on a single test but are taken more or less seriously based on the preponderance of good evidence and scientific consensus. This approach is important because conspiracy theories and disinformation often claim to falsify mainstream theories, or at least exploit a poor understanding of what certainty means in scientific methods. Like most conspiracy theories, the chemtrail story tends not to meet the criteria of parsimony, also known as Occam’s razor, which suggests that the more suppositions a theory requires to be true, the less likely it actually is. While not perfect, this concept can be an important way to think about probability when it comes to conspiracy theories. Is it more likely that the government is covering up a massive weather program, mind-control program or both that involve thousands or millions of silent, complicit agents, from the local weather reporter to the Joint Chiefs of Staff, or that we’re seeing ice crystals from plane engines? Of course, calling something a “conspiracy theory” does not automatically invalidate it. After all, real conspiracies do exist. But it’s important to remember scientist and science communicator Carl Sagan’s adage that “extraordinary claims require extraordinary evidence.” In the case of chemtrails, the evidence just isn’t there.Scientists explain how humans are susceptible to believing conspiracy theories.
Psychology of conspiracy theory belief
If the evidence against it is so powerful and the logic is so weak, why do people believe the chemtrail conspiracy theory? As I have argued in my new book, “Post-Weird: Fragmentation, Community, and the Decline of the Mainstream,” conspiracy theorists create bonds with each other through shared practices of interpreting the world, seeing every detail and scrap of evidence as unshakable signs of a larger, hidden meaning. Uncertainty, ambiguity and chaos can be overwhelming. Conspiracy theories are symptoms, ad hoc attempts to deal with the anxiety caused by feelings of powerlessness in a chaotic and complicated world where awful things like tornadoes, hurricanes and wildfires can happen seemingly at random for reasons that even well-informed people struggle to understand. When people feel overwhelmed and helpless, they create fantasies that give an illusion of mastery and control. Although there are liberal chemtrail believers, aversion to uncertainty might explain why the theory has become so popular with Carlson’s audience: Researchers have longargued that authoritarian, right-wing beliefs have a similar underlying structure. On some level, chemtrail theorists would rather be targets of an evil conspiracy than face the limits of their knowledge and power, even though conspiracy beliefs are not completely satisfying. Sigmund Freud described a fort-da (“gone-here”) game played by his grandson where he threw away a toy and dragged it back on a string, something Freud interpreted as a simulation of control when the child had none. Conspiracy theories may serve a similar purpose, allowing their believers to feel that the world isn’t really random and that they, the ones who see through the charade, really have some control over it. The grander the conspiracy, the more brilliant and heroic the conspiracy theorists must be. Conspiracies are dramatic and exciting, with clear lines of good and evil, whereas real life is boring and sometimes scary. The chemtrail theory is ultimately prideful. It’s a way for theorists to feel powerful and smart when they face things beyond their comprehension and control. Conspiracy theories come and go, but responding to them in the long term means finding better ways to embrace uncertainty, ambiguity and our own limits alongside a new embrace of the tools we do have: logic, evidence and even humility. Calum Lister Matheson, Associate Professor of Communication, University of Pittsburgh This article is republished from The Conversation under a Creative Commons license. Read the original article.
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DoorDash Driver Arrested After Claiming Sexual Assault: What Really Happened?
A DoorDash driver who claimed she was sexually assaulted during a delivery is now facing felony charges after police say her viral video showed an unconscious, partially nude customer without consent. Here’s what investigators found and why the case is sparking national debate.
DoorDash delivery driver involved in a viral video controversy after claiming sexual assault; police say no assault occurred, and the driver now faces felony charges.
DoorDash Driver Arrested After Claiming Sexual Assault: What Really Happened?
A Viral Accusation Turns Into a Criminal Case
A routine food drop-off turned into a national controversy this month after a DoorDash delivery driver claimed she was sexually assaulted during a delivery — only to later be arrested herself following a police investigation. The incident, which quickly spread across TikTok and other platforms, has generated fierce debate over privacy, personal safety, and the power of viral video culture.
The driver, identified as Livie Rose Henderson, posted a video on social media in mid-October claiming that when she arrived at a customer’s home in Oswego, New York, she found the front door open and discovered a man “half-naked and unconscious” on his couch. She publicly described the moment as a sexual assault, saying she felt endangered and traumatized.
Her posts went viral almost immediately, drawing attention from millions of viewers and sparking outrage over the safety risks faced by gig workers — particularly women — who make deliveries to unfamiliar homes.
But the narrative took a dramatic turn.
Police: No Sexual Assault Occurred
According to the Oswego Police Department, an investigation found no evidence that Henderson was sexually assaulted. Instead, authorities say that she:
Entered the home without consent
Recorded the unconscious customer, who was partially nude
Posted the footage online, identifying him
Made claims police say were “false and misleading”
Investigators concluded the man was intoxicated and unconscious, not acting with intent or awareness. As a result, Henderson was arrested and charged with:
Second-degree unlawful surveillance (felony)
First-degree dissemination of unlawful surveillance images (felony)
Police emphasized that recording a person who is nude or partially nude inside their home — regardless of context — constitutes a violation of New York’s surveillance and privacy laws if done without permission.
DoorDash Drops the Driver
Henderson also claimed that DoorDash deactivated her account, something she described as retaliation for “exposing her assaulter.” But following her arrest, DoorDash stated that recording customers inside their homes violates company policy and local laws.
DoorDash said it cooperated with investigators but declined to comment further on personnel matters.
A Complicated Public Reaction
Social media reaction has been sharply divided:
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Sympathy for the driver
Many viewers initially supported Henderson, arguing that gig workers often deal with unsafe conditions and should not be forced to decide between finishing a delivery or backing away from a potentially threatening situation.
Backlash over privacy violations
Others argue that Henderson crossed legal and ethical boundaries by:
Entering a private residence
Recording a vulnerable, unconscious person
Posting it publicly
Accusing the individual of a crime without evidence
These actions, critics say, show the dangerous consequences of rushing to social media before police or professional investigators evaluate the facts.
The Larger Issue: Safety vs. Responsibility
This case highlights a broader tension in the era of app-based work and viral content:
Gig workers do indeed face unpredictable and sometimes unsafe situations.
Customers have a right to privacy in their homes.
Social media, meanwhile, rewards the fastest and most dramatic version of a story — even before the truth is known.
As the criminal process continues, Henderson’s case may set a new precedent for how privacy laws interact with the realities of delivery work and the instant visibility of online platforms.
Focuses on the legal perspective, privacy violations, and the potential consequences of posting sensitive content online.
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