Yes
They should.
No
They shouldn’t.
President Donald Trump’s ongoing clashes with late-night television have once again put comedian Jimmy Kimmel in the national spotlight.
Kimmel has frequently criticized and mocked Trump, his administration and other Republican political figures on Jimmy Kimmel Live! The relationship between the president and the late-night host has consequently become another flashpoint in America’s larger debate over politics, entertainment and freedom of expression.
But there is an important distinction between controversial political commentary and conduct that could legitimately trigger a federal investigation.
The FBI is a federal law-enforcement agency, and an investigation ordinarily requires a potential violation of federal law or another legitimate investigative basis. Political criticism, satire and jokes about public officials generally receive substantial protection under the First Amendment, even when the speech is offensive, harsh or deeply unpopular.
That protection applies across the political spectrum.
At the same time, public figures and media personalities are not exempt from generally applicable laws simply because their work involves political commentary. If credible evidence of an actual federal offense existed, the relevant question would be the alleged conduct and evidence — not whether the individual supported or opposed the president.
That distinction is especially important because Americans have long debated the proper boundaries between politics and federal law enforcement. Using investigative authority against political opponents or critics without a legitimate legal basis could raise serious constitutional and civil-liberties concerns.
Kimmel’s confrontational approach toward Trump has made him a polarizing figure. Some viewers see his monologues as political comedy and protected expression. Others believe late-night entertainment has become excessively partisan and hostile toward conservative Americans.
Those disagreements can be significant without automatically becoming criminal matters.
Ultimately, the question is whether Americans believe circumstances surrounding Kimmel warrant legitimate federal scrutiny — or whether his disputes with Trump should remain a matter of political commentary, television and public debate.