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hlthe2b

(112,330 posts)
4. Tell me what you see in this dispute and your knowledge of entertainment contracts that
Thu Sep 18, 2025, 11:23 AM
Sep 18

would make that possible, given ABC folded and had no intention of taking on the FCC in court to begin with. If they don't, how would Kimmel have any case beyond what he might wish to pursue against his employer, ABC (and which his contract undoubtedly provides no rights beyond a payout if ended early)? See my post below, as I had a long discussion this morning with my dog-walking lawyer bud who is a retired expert and DU professor on contract law**. I, too, had hoped I was wrong and that Kimmel would have a direct case, but he was pretty adamant as I summarized below.


**Kimmel has every right to say what he wants, but ABC (sadly) does not have to broadcast him doing so. They are on the hook for his contract payout, but given that they have no intention of suing the FCC, that appears to be the limit of action that Kimmel can take. Obviously, the answer lies in the public's response--both to ABC, the FCC, to Congress, and the administration. The latter public outrage could make some difference. The courts? Not so likely unless another litigant comes along (e.g., Congress).


Count me really angry and depressed over this...

Recommendations

2 members have recommended this reply (displayed in chronological order):

I'd *pay* to be on his legal team. no_hypocrisy Sep 18 #1
Tell me what you see in this dispute and your knowledge of entertainment contracts that hlthe2b Sep 18 #4
I'm in a car now. Later, I hope. no_hypocrisy Sep 18 #5
Maybe... but Neil and I discussed that a bit and he thought it wouldn't work without ABC hlthe2b Sep 18 #10
I pointed out on another thread that the same thing could happen to DU Wednesdays Sep 18 #11
It was explained elsewhere that the ABC parasitic Sinclair Group declared war on ABC. GreenWave Sep 18 #42
Well, had they not folded, ABC would have had a strong case, but Kimmel? I don't think so... hlthe2b Sep 18 #2
Kimmel's claim, as the OP states, is against the FCC. And THAT is a strong case. SunSeeker Sep 18 #17
I addressed this earlier and why my Legal Professor friend in Contracts Law (and I) feel that hlthe2b Sep 18 #18
It is a clear cut 1st Amendment violation by the government. SunSeeker Sep 18 #23
My friend is as respected in contracts and constitutional law as is Tribe, but be nasty to me as you wish hlthe2b Sep 18 #25
I respect Tribe. Tribe hasn't said Kimmel has a weak case. SunSeeker Sep 18 #26
I would never name someone whose doxxing could put them at risk. Would you do that to your hlthe2b Sep 18 #29
I agree with you, the constitutional issues are paramount here, not contacts law. SunSeeker Sep 18 #37
I never said my colleague was NEVER a trial lawyer, constitutional or otherwise. hlthe2b Sep 18 #39
Well, was he? SunSeeker Sep 18 #40
Yes for years before academia. Done interrogating me now? hlthe2b Sep 18 #41
IANAL. ShazzieB Sep 18 #34
The 1st Am violation here is obvious. SunSeeker Sep 18 #36
SCOTUS: First Amendment doesn't apply to mean comments about patriots like Charlie Kirk! 50 Shades Of Blue Sep 18 #3
Right. So, Kimmel has every right to say what he wants, but ABC (sadly) does not have to hlthe2b Sep 18 #7
Wrong. It matters why ABC won't air him. ABC execs canned him because they feared Trump retribution. SunSeeker Sep 18 #14
I discuss tortuous interference with a contract upstream in my original posts as well hlthe2b Sep 18 #15
Only if it goes to court and only if all of the people involved truthfully testify. progressoid Sep 18 #19
Exactly.. Had ABC joined with Kimmel it would be clear cut. Now, not so much. hlthe2b Sep 18 #20
No, it is even MORE clear cut. ABC not standing up proves they fear Carr's threats. SunSeeker Sep 18 #21
As I said, I debated this intensely with a 30 year contracts law legal professor this morning hlthe2b Sep 18 #24
Do not obey in advance. nt SunSeeker Sep 18 #22
History tells us it won't happen. progressoid Sep 18 #30
You mean.... kimbutgar Sep 18 #9
You might want to cite the author of this quote, rather than Daily Kos --- Sabrina Haake erronis Sep 18 #6
He should sue for a trillion dollars. Outdo eltrumpo twodogsbarking Sep 18 #8
Keith Olbermann pointed out that contracts for these shows are written niyad Sep 18 #12
Not airing him still costs Kimmel in marketability, plus they won't pay forever. SunSeeker Sep 18 #16
I wonder if his contract allows him to be on other comedians' shows. I've seen him on Fallon, so it might. ancianita Sep 18 #28
But there is a First Amendment issue that may transcend contract language. spooky3 Sep 18 #31
he can sue the FCC and carr personally moonshinegnomie Sep 18 #13
Well Kimmel's contract is with ABC and Disney FakeNoose Sep 18 #27
We have all been harmed by this injustice. A class action suit on behalf of every American seems plausable. twodogsbarking Sep 18 #32
Standing will be the weaselly way the conservatives avoid litigating this IbogaProject Sep 18 #33
Only Disney Corp is to blame. The Grand Illuminist Sep 18 #35
Disney/ABC are not airing a Kirk tribute. Wiz Imp Sep 18 #38
AFTER a review by forum hosts LOCKING Omaha Steve Sep 18 #43
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