Kimmel should have seen the writing on the wall, ABC just used this as a golden opportunity'.
These facts weaken the above:
FCC Chair Brendan Carr threatened ABC and its affiliates if they didn’t act in regards to Kimmel.
Carr said, “
We can do this the easy way or the hard way…These [COMPANIES] can find ways to change conduct and take action, frankly, on Kimmel or there’s going to be additional work for the FCC ahead…
remedies we can look at…
You could certainly see a path forward for suspension over this…
This is a very, very serious issue right now for Disney.”
[Emphasis mine.]
Carr also stated: “[
R]eally sort of past time that a lot of these licensed broadcasters themselves push back on Comcast and Disney, and say, 'Listen, we are going to preempt, we are not going to run, Kimmel anymore until you straighten this out, because we licensed broadcaster[s] are running the possibility of fines or license revocations from the FCC if we continue to run content that ends up being a pattern of news distortion.'"
ABC, NexStar, and Sinclair have licenses issued by the FCC.
NexStar is pursuing acquisition of Tegnar, which requires the acquiescence of the FCC, specifically FCC Chair Carr’s approval is necessary for NexStar to acquire Tegnar.
There were meetings Wednesday afternoon, which included Iger and Dana Walden, executives, at times Kimmel, discussing, inter alia, how to address Kimmel’s remarks and Carr’s comments which could prompt costly litigation.
Now, it was the threat by a government actor, Carr, which in part played role to sideline Kimmel, and the 1st Amendment Free Speech Clause is applicable to government actors such as the FCC.
This wasn’t a mere business decision.
Carr’s comments were a threat to the licenses of at least all 3 entities, essentially the entities’ economic livelihood, with possible litigation that depletes the piggg bank as well, and because of Kimmel’s speech.
