WILMINGTON, DEL., Sept 18 (Reuters) - Jimmy Kimmel's

late-night talk show was suspended indefinitely by TV

broadcaster ABC on Wednesday after his comments about the

assassination of conservative activist Charlie Kirk prompted

criticism from the head of the top U.S. communications regulator

against the broadcaster's parent company Walt Disney ( DIS ).

Below is a look at the U.S. right to free speech and whether

Kimmel's rights were violated.

WHAT DID KIMMEL SAY ON HIS SHOW?

On his show "Jimmy Kimmel Live!" on Monday, Kimmel suggested

that Kirk's shooter was a supporter of U.S. President Donald

Trump, and said "the MAGA gang" was "doing everything they can

to score political points" from Kirk's assassination.

He also mocked Trump for responding to a reporter's question

about his feelings about Kirk's death by talking about the

construction of a new ballroom at the White House.

HOW DID THE TRUMP ADMINISTRATION REACT?

Brendan Carr, the head of the Federal Communications Commission

which regulates broadcasters, said on a podcast hosted by

conservative commentator Benny Johnson on Wednesday that

Kimmel's remarks were part of an effort to lie to the American

public and he was looking at "remedies."

He went on to say, "we can do this the easy way or the hard

way."

After Kimmel's show was suspended shortly after those

remarks, Carr said he was glad to see broadcasters standing up

for the interests of their communities.

Trump said during a news conference on Thursday that Kimmel

was fired for low ratings.

"So, you know, you can call that free speech or not. He was

fired for lack of talent," Trump said.

WHAT SPEECH IS PROTECTED?

The First Amendment to the U.S. Constitution protects free

speech and other rights against government interference. Courts

have said that protection includes rights against the government

pressuring third parties to engage in censorship.

In a key ruling, the U.S. Supreme Court in 1963 said the

government cannot create a "system of informal censorship" by

pressuring private actors.

That case involved a Rhode Island agency that had threatened

prosecution against book and magazine distributors who did not

stop selling specific publications it had deemed objectionable.

The Supreme Court last year said that in such cases,

plaintiffs must show that the government went beyond permissible

attempts to persuade and that its conduct caused them direct

harm.

The court in that case refused to impose limits on President

Joe Biden's administration encouraging social media platforms to

remove posts deemed to contain misinformation, including about

elections and COVID.

AREN'T OFFICIALS FREE TO CRITICIZE KIMMEL?

Yes. Trump often disparages comedians and entertainers who speak

out about his policies, which is permissible.

However, government authorities cannot use their authority

to suppress speech.

Legal claims would likely hinge on whether Carr was

threatening ABC's broadcast license.

After Carr spoke on Wednesday, Nexstar Media Group

said it would stop airing Kimmel's show on its 32 ABC

affiliates.

Nexstar needs FCC approval for its $6.2 billion deal to

acquire smaller rival Tegna, and Carr thanked Nexstar

for "doing the right thing."

ABC said that it was suspending Kimmel's show shortly after

Nexstar's announcement.

CAN KIMMEL SUE?

Kimmel could sue the FCC for free speech violations, but winning

would likely be an uphill battle.

The First Amendment only applies to actions by the

government and Kimmel would have to show that ABC was coerced by

Carr and the FCC into pulling him off the air. That would be a

very high bar if ABC denies that it acted because of Carr's

comments.

Kimmel could also potentially sue ABC for breaching his

contract or for employment law violations. His ability to bring

those claims in court could be limited if he signed an

agreement, common in many industries including entertainment, to

keep legal disputes in private arbitration.

ISN'T ABC FREE TO CANCEL SHOWS?

It is. ABC has its own speech rights and cannot be forced to

broadcast a show its executives decide would hurt the company.

Kimmel would have to show a link between Carr's comments

and ABC executives deciding to suspend his show. Kimmel's case

would be undermined if ABC executives were suspending his show

because of Nexstar's move.

Even if Kimmel sued and won, ABC's free speech rights would

likely prevent a court from reinstating his show and it is

unclear what remedies he could recover from the FCC.

COULD VIEWERS SUE?

It would be very difficult. They would have to prove that Carr

pressured the broadcasters to suppress protected speech and that

they were injured by his actions. Courts have taken a narrow

view of who can bring that kind of case, according to legal

experts.