The First Amendment of our United States Constitution keeps making headlines these days, both at the national and even local levels. And you don’t have to be in the news business to understand how precious it is to all people.
I’m far from being a U.S. Constitutional scholar, and I learn, like many of you, as these incidents unfold. Let’s take a look at Stephen Colbert, the political satirist and host of “The Late Show with Stephen Colbert” on CBS, and why he’s crying foul against his network again.
Colbert claims that his TV interview last week with Democratic Texas Senate candidate James Talarico was pulled from the broadcast because CBS feared it would violate regulatory guidance from the administration of President Donald Trump on giving equal time to political candidates. How silly is that, especially when Colbert is a comedian?
The Federal Communications Commission didn’t have an equal time problem when then-presidential candidate Bill Clinton played the saxophone on “The Arsenio Hall Show” (1992) or when Arnold Schwarzenegger had an interview on Jay Leno’s “The Tonight Show with Jay Leno” during his 2003 gubernatorial candidacy announcement and again in his 2006 reelection campaign.
In January, the FCC issued new guidance warning late-night and daytime hosts that political candidates must be given equal time.
I agree with Amy Kristin Sanders, a media law professor at Penn State University, who cautioned that these new FCC interpretations could lead down a slippery slope in reshaping the boundaries of free speech.
“This administration’s been really, really good at using this soft regulatory pressure to get major media players and major news organizations to fall into line … and it’s a real, real danger to freedom of expression in the country.”
The non-partisan FreedomForum.org website conducted a 2025 survey and found that “Nine in 10 people agree that the First Amendment is vital, and 64% of respondents say the First Amendment should never be changed, up 10 points from 2020.”
However, only one in 10 respondents unaided could identify the five freedoms of the First Amendment. The survey recorded these statistics: 73% Speech | 37% Religion | 26% Assembly | 25% Press | 13% Petition.
I’d like to venture that we’re all strongly in favor of free speech and zero censorship, until we don’t like the speech, and this was playing out in my city for a few years.
Stephen and Bethany Scaer would show up at Nashua Board of Aldermen meetings and seemed to annoy some city officials and residents with their conservative viewpoints during public comment sessions. If they pay their property taxes on time and are law-abiding, who cares? You don’t have to agree with them.
The Scaers were especially critical of the city for allegedly violating their First Amendment rights with the “Citizen Flagpole” that stands at City Hall Plaza. They had most recently requested permission to fly the “Appeal to Heaven” flag to honor Nashua soldiers who fought in the Battle of Bunker Hill, which marked the beginning of the Revolutionary War. But City Hall rejected their application because the Pine Tree flag “is not in harmony with the message that the City wishes to express and endorse.”
The Citizen Flagpole was used in the past to fly a flag commemorating an anniversary, supporting a worthy cause, honoring a special accomplishment or celebrating a cultural heritage. The Scaers sued the city of Nashua, arguing their right to free speech was violated. The U.S. Court of Appeals of the First Circuit unanimously agreed with the couple last December.
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