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In reply to the discussion: Jimmy Kimmel has a strong First Amendment claim against Trump's FCC [View all]hlthe2b
(112,330 posts)4. Tell me what you see in this dispute and your knowledge of entertainment contracts that
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...
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Jimmy Kimmel has a strong First Amendment claim against Trump's FCC [View all]
bunny planet
Sep 18
OP
Tell me what you see in this dispute and your knowledge of entertainment contracts that
hlthe2b
Sep 18
#4
Maybe... but Neil and I discussed that a bit and he thought it wouldn't work without ABC
hlthe2b
Sep 18
#10
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
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 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
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
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
You might want to cite the author of this quote, rather than Daily Kos --- Sabrina Haake
erronis
Sep 18
#6
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