

By Katharine Kosin, Kirsti Kenneth and Pierce McManus
Freedom Forum Institute
Did you hear the one about the comedian who got fired from Saturday Night Live for making offensive comments before he ever set foot on the show? It’s no joke.
Earlier this month, comedian Shane Gillis was hired and then promptly fired by the long-running sketch comedy show after his racist and homophobic comments from a year-old podcast came to light. Several comedians came to his defense, claiming that Gillis was a victim and that his firing exemplified an erosion of free speech in the United States of America. But does it?
This latest comedy controversy highlights the tricky intersection between our fundamental freedoms and cultural trends; it also reveals the messy collisions that can take place between opposing viewpoints. And it illustrates commonly held misunderstandings about what is and is not considered protected speech under the First Amendment.
For the record, being fired from Saturday Night Live — or any TV show for that matter — is not a First Amendment issue. The First Amendment only protects people in the United States from government censorship. Private companies are not bound by its restrictions. NBC was well within its rights to terminate Gillis’s employment.
More importantly, the First Amendment does not protect individuals from facing social repercussions for their offensive speech. If Gillis’s podcasts never saw the light of day, odds are that NBC wouldn’t have been in a position to fire him. Nonetheless, his comments were publicized and the sizable public outcry that followed — also protected by the First Amendment — undoubtedly influenced the network’s decision.
From our viewpoint, Gillis’s firing and the clashing opinions surrounding it does not mean that our right to free speech is in jeopardy. It’s quite the opposite, actually.
Our founders included the First Amendment in our Constitution because they recognized the importance of a free flow of ideas and information to democratic government and of protecting the rights of people whose views might be unpopular. If the government were to determine which speech is too offensive to be allowed, that could put them on a slippery slope. Bans on offensive speech might morph into bans on any speech that makes government leaders look bad or comes from political enemies. The First Amendment and the breadth of its protections never changed for that very reason.
But public tastes have changed over the years. Significantly. Popular comedic routines from decades passed are considered objectionable by today’s standards. Today, comedians who make women, minorities or LGBTQ individuals the butt of their jokes can expect that at least some of their audience will push back. In August, popular comedian Dave Chappelle was publicly denounced for jokes he featured in his latest Netflix special that poked fun at the alleged victims of R. Kelly and Michael Jackson and mocked members of the LGBTQ community.
Why has our standard for “what’s acceptable” changed? The evolution stems in large part from having more diverse voices involved in the conversation, with historically marginalized communities taking advantage of increased opportunities to exercise their First Amendment rights and pushing back against speech that denigrates them. The advent of the internet and social media has provided these previously underrepresented groups with new, open platforms to speak out, offer a new and different perspective and generate broader support.
If the history of comedy in America is any indication, this undoubtedly won’t be the last controversy. In many ways, we’re glad that’s the case. These debates push us to revisit our understanding of free speech and look for ways to navigate a complex culture, full of differing viewpoints and experiences. But that can only happen if we look past the surface-level attacks and assumptions. Free speech isn’t always funny, nor is it always easy to understand. And it will continue to breed conflict. But more speech for more people puts us on a trajectory toward a better society.
And whether you’re a comedian that pushes boundaries or a comedian that merely pushes buttons, don’t cry foul or “free speech” when people invoke their own right to free speech and start to push back vocally on your material. The joke is on you, because that’s how the First Amendment works.
ELLIS COUNTY — One person was injured in an accident just after 10p.m. Sunday in Ellis County.
The Kansas Highway Patrol reported a 2010 Dodge Ram 1500 driven by Jordan M. Bae, 22, Greeley, Co., was westbound on Interstate 70 just east of Toulon Avenue.
The driver fell asleep and lost control, over-corrected and the pickup rolled several times and came in the north ditch,
The rear passenger identified as Fredrick W. Windrum III, 27, Tonawanda, NY,
was ejected. He was transported to Hays Medical Center. Bae and a second passenger were not transported for treatment. Windrum III, was not wearing a seat belt, according to the KHP.
TOPEKA, Kan. (AP) — An autopsy reports says a 50-year-old Topeka woman suffered methamphetamine intoxication when she collapsed and died while fleeing a home she apparently was burglarizing.

The report, released Friday, said her death in June was accidental, according to a copy of the report from the Shawnee County District Court Clerk’s office.
Topeka police Lt. Andrew Beightel said officers found Henderson had collapsed near a home. The autopsy said she fled the home and was seen on video collapsing three times.
Kansas Department of Corrections records show Henderson was paroled in 2012 after serving prison time for two counts each of burglary, robbery and theft and one count each of aggravated robbery and obstructing the legal process. The crimes were committed in Shawnee, Wyandotte, Butler and Sedgwick counties.
RENO COUNTY—One person died in an accident just after 9:30a.m. Sunday in Reno County
A vehicle driven by Evelyn Diane Black, 64, McPherson, was traveling on 69th Avenue at Willison Road, according to the Reno County Sheriff’s Department.
The vehicle traveled off an embankment at the T-intersection. A deputy at the scene reported having to force entry into the locked vehicle and make contact with Black. She was the sole occupant and pronounced dead at the scene.
The accident remains under investigation.
CARSON, Calif. (AP) — Phillip Lindsay ran for 114 yards, Denver’s defense forced three turnovers and the Broncos got their first win under Vic Fangio by defeating the Los Angeles Chargers 20-13 on Sunday.
Joe Flacco completed 14 of 20 passes for 162 yards and a touchdown as Denver (1-4) raced to a 17-0 lead in the second quarter and held on for the 500th victory in franchise history.
Los Angeles (2-3) struggled most of the day and had two turnovers inside the Denver 5. The Chargers got within 17-10 midway through the fourth quarter, but Denver’s Brandon McManus put it out of reach with a 46-yard field goal with 1:55 remaining.
Chase McLaughlin’s 32-yard field goal brought LA back within a touchdown with 15 seconds remaining, but Denver recovered the onside kick to put it away.
Philip Rivers was 32 of 48 for 211 yards with two interceptions. Melvin Gordon was held to 31 yards rushing in his first game back after a holdout. Fellow running back Austin Ekeler had 15 receptions for 86 yards.
The Broncos dominated from the start and scored touchdowns on their first two drives for the first time in 17 games. Lindsay’s 4-yard run up the middle marked the first time Denver scored on its opening drive this season. The Broncos didn’t have a play over 20 yards on the first drive over the first four games. But Flacco had a 26-yard strike to tight end Jeff Heuerman and Lindsay had a 21-yard gain off left guard to put the Broncos deep in Chargers territory two plays into the game.
After a Chargers punt, Denver took a two-TD lead when Courtland Sutton went 70 yards up the left sideline. Sutton caught the ball at the Chargers 45, slipped out of an attempted tackle by Rayshawn Jenkins and then eluded a diving Roderic Teemer for this third touchdown in the past two games.
McManus added a 40-yard field goal to give Denver a 17-0 halftime lead.
Los Angeles had two chances to score in the first half, but came up empty both times. New kicker McLaughlin’s 48-yard field goal was partially blocked midway through the second quarter. Ekeler then was stopped at the Broncos 1 by Kareem Jackson and fumbled as he tried to reach the goal line. It is the first time since 2012 the Chargers have been shut out in the first half at home.
The Chargers’ red zone woes continued in the third quarter. Kyzir White’s interception of Flacco gave them the ball at the Denver 7, but Rivers tried to throw it into double coverage and was picked off by Alexander Johnson in the end zone on third-and-goal from the 2.
The Chargers finally get on the board with 31 seconds remaining in the third quarter when Desmond King returned a punt 68 yards. It is the second punt return TD in his career, the eighth player in franchise history with multiple scores.
Los Angeles closed to 17-10 on McLaughlin’s 45-yard field goal with 6:52 remaining.
SLOW RETURN
Gordon had 38 scrimmage yards in his first game back after a 64-day holdout due to a contract dispute. The Chargers got him involved quickly with a 4-yard screen pass on their first play. Gordon reported back on Sept. 26 and was activated prior to last week’s game at Miami but did not play.
The Chargers came into the game averaging 103.5 rushing yards but were held to 35. The Broncos allowed 225 yards to Jacksonville’s Leonard Fournette a week ago and had the third-worst run defense.
INJURIES
Broncos: CB De’Vante Bausby was strapped to a backboard and taken off the field on a cart during the second quarter. He was injured when he collided with Johnson while making a tackle on Ekeler. Bausby was taken to a local hospital and was reported to have movement in his arms and legs. … LB Justin Hollins suffered a knee injury during the second half.
Chargers; C Mike Pouncey suffered a neck injury during the first half and did not return.
UP NEXT
Broncos: return home to face Tennessee next Sunday.
Chargers: host Pittsburgh next Sunday night.

SHAWNEE COUNTY– Law enforcement authorities are investigating the second fatal weekend shooting in Topeka.
Shortly after 2:30 a.m., Sunday police responded to the 1100 block of SW Polk on a report of shooting, according to Lt. Jennifer Cross.
Officers located a later identified as Antonio Clark, 37, Topeka, suffering from life threatening gunshot wounds.
He was transported to a local hospital where he died, according to Cross.
Police released no additional details and have not reported an arrest. A 45-year-old man died after a shooting early Saturday morning in Topeka.
TOPEKA, Kan. (AP) — A Kansas man has pleaded guilty to two counts of second-degree murder in the July 2018 beating and stabbing deaths of his estranged wife and her cousin.

Bradley Sportsman, 41, of Hollenberg, man entered the plea Friday in Shawnee County District Court and faces nearly 46 years in prison when he’s sentenced Nov. 20.
Sportsman is one of three men charged in the Topeka home invasion deaths of 28-year-old Lisa Sportsman and her 17-year-old cousin, Jesse Polinskey. Police say the women had been stabbed and beaten to death.
A first-degree murder trial is set Dec. 9 for 32-year-old Richard D. Showalter, of Greenleaf. Twenty-year-old Matthew Hutto, of Clay Center, was sentenced to two life terms after pleading guilty to two first-degree murder counts. Hutto is seeking to withdraw that plea and has a Nov. 15 hearing on the motion.
LAWRENCE, Kan. – Kansas Football head coach Les Miles today announced that offensive coordinator Les
Koenning has been relieved of his duties effective immediately, and Brent Dearmon has been promoted to fill the
role.
“I would like to thank Coach Koenning for his contributions to Kansas Football,” said Miles. “This was a difficult
decision, but it is in the best interest of our football program both now and in the future. There is still a lot of football left to play this season and I want to put our players in the best position to be successful, which is why I am making the change now.”
“Brent is one of the brightest individuals I have encountered in all of my years coaching. His experience as a recordsetting coach and quarterback at the collegiate level will benefit our offense immediately. I believe our players willbe naturally drawn to Brent’s leadership and coaching ability. I have the utmost trust in his ability to lead young menand this move puts our players in the best position to be successful moving forward.”
Dearmon joined the staff at KU after a one-year head coaching stint at Bethel University (Tennessee) where he
produced the nation’s highest-scoring offense at any level in 2018.
“I am humbled and grateful to Coach Miles for giving me this opportunity to be the offensive coordinator at the
University of Kansas,” said Dearmon. “I am excited to get to work right away with the staff and players, and invest
in their future both on and off the field. There are a lot of talented young men on this team and it’s up to us as an offensive staff to have them prepared each and every week, and that will be our number one priority.”
In his one season as head coach of his alma mater, Bethel University, Dearmon guided the Wildcats to its best seasonin school history. BU posted a 10-0 regular season mark and a No. 3 ranking, while averaging 540.3 yards and a nation’s-best 55.0 points per game, the highest scoring offense not just in NAIA, but in all of college football.
Prior to his time at Bethel, Dearmon spent three seasons as the offensive coordinator at Division II Arkansas Tech
and two seasons as an analyst on Gus Malzahn’s staff at Auburn.
In his first year at Arkansas Tech, the Wonder Boys produced the biggest offensive turnaround in college football,
including a 360% increase in rushing yards from the previous season. Tech’s offense was the second-rated offense
in the Great American Conference (GAC), racking up 36.5 points and 458.8 yards per game. During the 2017 season
at Tech, Dearmon’s offense averaged 40 points per game which was tops in the GAC.
Dearmon had a quarterback named to the all-conference team in each of his three seasons at Arkansas Tech. While
directing the offense at Tech, they ranked in the top four in the league in rushing offense and several other offensive categories. In 2017, Dearmon’s mentored quarterback, Ty Reasnor, was named a DII Academic All-American.
Dearmon spent the 2013 season as a running backs analyst and the 2014 season as a wide receivers analyst at Auburn
University. While Dearmon was at Auburn, the Tigers posted a combined 20-7 record, including an 11-5 mark in SEC
play. The 2013 Tigers captured the SEC title en route to an appearance in the BCS National Championship Game.
Dearman began his coaching career at Bethel in 2007, where he served as a student assistant coaching the defensive
backs as the Cats posted an 11-2 record.
After his student assistant stint at Bethel, Dearmon spent three seasons as the offensive coordinator at Vigor High
School in Prichard, Alabama, before taking the reins of the program at B.C. Rain High School for two seasons.
Dearmon won a state championship at Vigor in 2008 as his offense averaged 36.0 points per game.
A four-year starter at Bethel, Dearmon re-wrote the school’s record book while leading the Wildcats to the school’s
first conference title, first playoff appearance and first playoff victory. He remains the school’s career and singleseason record-holder in passing yards (7,045) and touchdowns (77). He spent time after college playing quarterback in the arena and indoor football leagues.
Kansas Athletics Media Relations

KANSAS CITY, Kan. (AP) — Two men opened fire inside a bar in Kansas City, Kansas, early Sunday, killing four people and wounding five others in a shooting believed to have stemmed from an earlier dispute, police said.
Authorities were searching Sunday for the two gunmen, said Officer Thomas Tomasic, a police spokesman. He said the two men had apparently gotten into some sort of disagreement with people inside Tequila KC Bar, left, then returned with handguns.
“We think there was something that happened in the bar earlier probably,” Tomasic said. “Unfortunately, they left and decided to take it to another level, came back and started shooting.”
Around 40 people were inside the small bar when gunfire erupted around 1:30 a.m., Tomasic said. The gunfire sent people running for the exits, with the injured leaving trails of blood as they fled. One of the injured was trying to get a ride to the hospital when ambulances arrived.
“It’s a pretty small bar, so if you have two guys come in and start shooting, people are just running, running anywhere they can,” Tomasic said.
All four men who were killed were Hispanic, but Tomasic said authorities do not believe the shooting was racially motivated. The shooting happened in a neighborhood with a large Hispanic population.
Tomasic cautioned that police were still investigating exactly what happened. He said they were reviewing surveillance video and interviewing witnesses while looking for the gunmen.
“Obviously being a bar at 1:30, stories vary a lot,” he said.
Among the dead was one man in his late 50s, another in his mid-30s and two in their mid-20s, police said. Authorities did not immediately release their names.
However, Juan Ramirez, of Kansas City, Kansas, told The Kansas City Star that his 29-year-old nephew was among those killed. He said his nephew left behind a 6-year-old son and a 4-year-old daughter.
“I don’t wish this upon anybody,” Ramirez said.
Bartender Jose Valdez told the newspaper that he had refused to serve one of the suspects on Saturday night because the man had previously caused problems at the bar. Valdez said the man threw a cup at him and left, but returned later with another man shortly before closing time.
The gunfire created smoke inside the business, Valdez said, and he thought the building was “going to cave in.”
“I don’t know what to make of it. A sad day for everybody who lost their lives and their families,” he said, choking up. “How can you go into a place full of people and just start shooting?”
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KANSAS CITY, Kan. (AP) — Authorities say a gunman entered a Kansas City, Kansas, bar and shot nine people, fatally wounding four.
fficers were called Sunday at 1:30 a.m. to the Tequila KC Bar for a shooting.
Police said someone entered the bar and opened fire. Four people were shot dead inside the bar. Five others were taken to a hospital in stable condition for treatment.
Officers are still on scene of the shooting at 10th and Central. We will put out an update shortly.
— KCKPD (@KCKPDChief) October 6, 2019
No one has been arrested in the shooting. Authorities do not know if there is more than one shooter. The motive for the shooting is also unknown.
Kansas City, Kansas, police are investigating the shooting and gave brief details on their Twitter account.

WICHITA, Kan. – FHSU Women’s Soccer improved its record to 6-3 (2-1 MIAA) with a 1-0 shutout over Newman (5-2-3, 1-1-1 MIAA) Sunday afternoon. Fort Hays State has won four out of its last five matches, including a big win at No. 14 Central Oklahoma on Friday night (Oct. 4). FHSU has outscored opponents 7-3 in that five-match stretch, allowing just one goal in the four wins.
There was not much going offensively for either side in the first half. Both sides only mustered up one shot and no shots on goal. A quiet first 45 minutes had both teams scoreless going to the locker room.
FHSU broke through just seven minutes into the second half. Sophomore forward Cailey Perkins notched a shot past keeper Jackie Lari in the lower left corner. Emily Reitz was credited with the assist. The Tigers were able to hang on for the victory thanks to a solid defensive effort, holding the Jets to just four shots for the entire match.
Fort Hays State put up four shots on goal with Perkins claiming half of those. Newman put three shots on goal, all by different players and all stopped by Megan Kneefel (5-2). Kneefel also recorded her 13th career shutout.
The Tigers complete the weekend with two conference road victories after a tough home loss in their MIAA opener. They will be on the road once again next weekend starting with a Friday night match at Missouri Western. The match is set for 6 pm in St. Joseph, Mo.
The certified public accounting firm of Adams, Brown, Beran & Ball, Chartered (ABBB) is pleased to announce the addition of Michael Robinson to their professional team. Robinson joins the firm as a staff accountant in the Hays office.
“I would like to extend a warm welcome to Michael as he joins the ABBB team,” said Brian Staats, CPA, CGMA, managing partner of ABBB. “We look forward to watching his career evolve with us.”
Robinson earned his Bachelor of Business Administration in Accounting from Fort Hays State University. While at FHSU, he interned at a Big 4 accounting firm for two years and was involved in the university’s accounting club. He currently lives in Hays, Kansas.
Adams, Brown, Beran & Ball, Chartered provides a wide range of traditional and non-traditional CPA and consulting services to clients throughout Kansas, including agriculture organizations, construction companies, feed yards, financial institutions, governmental and not-for-profit organizations, manufacturers, medical practices, oil and gas companies, professional service firms, real estate companies and small businesses. Founded in 1945, today the firm maintains 13 office locations throughout the state. For more information about Adams, Brown, Beran & Ball, please visit www.abbb.com.