Yep! And he wrote the whole chapter in Project 2025 outlining that he would do exactly this, in advance of taking the job. Who is going to stop him? The Supreme Court? Not likely.
>Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press...
It doesn't say anything about the FCC not pressuring Disney. They are not congress and are not making a law. I mean I don't agree with it but it's not clear it violates the actual text of the first amendment as written in the constitution. The spirit of it perhaps.
Where does the FCC's authority to do anything come from? Congressional laws. If the FCC is using the laws to abridge free speech it is clearly an unconstitutional action.
It's so weird to see sooooooo many people trying to make up reasons to justify clearly unconstitutional behavior, with extremely motivated reasoning, or perhaps motivated lack of reason. You cited exactly what you are saying doesn't exist! This is baffling behavior.
I'm actually motivated the other way - I don't like Trump attacking freedom of speech, along with most others. But I'm skeptical of the legal situation. That said I know little about the laws.
Not necessarily. Broadcasters have a license from the government to use the airwaves and they are obligated to act in the public interest. So some restrictions apply to them.
1. You can’t take someone’s property with out due process of law. There has been no showing that they violated that obligation. 2. The constitution has supremacy, so you can’t violate someone’s first amendment rights in service of FCC regulations.
In fact there is a more than credible argument that criticizing and mocking politicians is an essential public service.
That's not what the public interest requirement means. In fact, the FCC's own website says "the public interest is best served by permitting free expression of views."[0] And anyway, there are specific carve outs for late-night programming.
> Hoaxes. The broadcast by a station of false information concerning a crime or catastrophe violates the FCC's rules if:
> The station licensee knew that the information was false
There quite a few other rules, obscenity and violence and such. But they probably got Jimmy on the crime that was just committed + spreading false information.
Nothing he said was false though, the Republicans were trying to paint the shooter as anyone other than one of their own. It might be that he's actually a leftist, but Kimmel described Republican behavior and did not actually make any assertions of fact regarding the alleged shooter.
There was some initial social media reaction portraying this guy as some hard right fascist or whatever, as well. So it wasn't something just Kimmel had come up with. It could be that by the time the show started more evidence came out and he was looking more one way, and Jimmy just had stale info or his staffers were lazy and didn't update him.
> Nothing he said was false though, the Republicans were trying to paint the shooter as anyone other than one of their own.
Yeah, and the show owners could have fought it. There might be a warning, a lawsuit, maybe a period to comply and make changes etc. But they folded immediately. They probably figured technically they could have explained it, but the PR aspect of it was a losing battle. Here is another part of the country flying flags half staff, and what is ABC's doing? Oh right, explaining away Kimmel's news and jokes and defending him. A lot of these corporations and their leaders can smell the way the wind blows and they really hate it when the wind blows away their profits, so they just react accordingly.
What hoax or false info? Also, Kimmel isn't a journalist or news reporter and his show isn't broadcast journalism. As far as obscenity rules, the rules don't necessarily apply between 10pm and 6am; "obscene" material is not allowed at any time of day, but "indecent" material is allowed on late-night television. These are terms that have specific meaning in the context of the law, and what Kimmel said would in no way rise to the level of obscene.
So why did the network fold so quickly? It's a simple enough explanation "we not journalists, these are all made up jokes and parodies, we send our condolences to the family ... etc".
They folded because they knew how the statement was perceived. Here is half the country flying flags half staff and ABC owners are defending Kimmel. They are worried about views and profits and when that is threatened everything goes out of the window.
Paradoxically, I think Kimmel is all of the sudden on top again, just due to the controversy. The younger crowd who don't sit and watch ABC, might have just learned about this Kimmel guy the first time. May be another network will pick him up, it could be a win for him overall.
No, they folded because the United States Federal government threatened them. That fact is the only thing that should matter in this discussion. This is a clear violation of the 1st Amendment by the government against protected speech (no matter how many people find that protected speech distasteful).
> Broadcasters have a license from the government to use the airwaves and they are obligated to act in the public interest. So some restrictions apply to them.
Necessarily.
Carr threatened to revoke licenses based on the political speech of ABC. That's clearly unconstitutional. Trump followed up by saying licenses should be revoked for criticism of himself. Unitary President cuts both ways.
If this is okay, the next Democrat who's President needs to shut down Fox News and their ilk or be impeached. (From the perspective of fomenting rebellion and generally posing a threat to our republic, Jimmy Kimmel isn't even on the list.)
Fox News is technically cable, as the other poster under you has noted, which is a favored defense for this sort of discussion.
What they ignore is that local Fox affiliate stations who are also licensed by the FCC have a history of aligning with Fox News misinformation campaigns relating to covid, election integrity, Russia and Ukraine, Palestine, etc.
So no, the FCC licensed world is not left leaning, and these local affiliate stations should absolutely be held to the same standard.
Fox news doesn't have a broadcast license. ABC does.
As with redistricting, democrats are limited because things are already biased in their favor. Broadcast networks are all center-left at this point, if not then show me one major broadcaster that is center right. Democrats basically have nobody to go after.
To your point, The Democrats, when back in power, could extend licensing issues into cableTV, etc... and attempt to fire Fox or Newsmax commentators... I would argue the Biden administration already attempted to do a form of this, as we saw with Facebook, Twitter, et al, the last administration certainly tried influencing the online arena.
I just think both sides do it, although on this forum it seems to trigger mostly the left side.
Fox News doesn’t have a broadcast license but Fox Broadcasting does. If people are doing this sort of extortion, it wouldn’t be a leap to see the whole Fox corporation in the crosshairs. This is all just a terrible precedent for what the future holds.
> would argue the Biden administration already attempted to do a form of this, as we saw with Facebook, Twitter, et al, the last administration certainly tried influencing the online arena
Not comparable. That said, I agree—if this precedent stands, there should be personal liability for Newsmax commenters under a future administration. (And, of course, they should be barred from federal property.)
One would also go after the online streaming companies to delist their content. Google and Meta are constantly under antitrust controlled. TikTok is government owned. And you could start knocking on X with its money-transfer ambitions and Elon’s robotaxi approvals (to say nothing of federal contracts).
As it turns out the government can dictate how the broadcast frequencies are used, including dictate things about the content. The company could have switched to online only and continued the show. Heck, they should have called uncle sam's bluff maybe and see what happened.
They are not sending Jimmy to gulag or arresting him. Jimmy can still continue his show just maybe on his own youtube channel or his own online platform or something.
> Nevertheless, there are two issues related to broadcast journalism that are subject to Commission regulation: hoaxes and news distortion. Hoaxes. The broadcast by a station of false information concerning a crime or catastrophe violates the FCC's rules if [...] The station licensee knew that the information was false.
All Jimmy had to do, it seems, was to say "this is all a made up joke" and move on, instead of presenting whatever he was saying as information or news.
> If a station airs a disclaimer before the broadcast that clearly characterizes the program as fiction and the disclaimer is presented in a reasonable manner under the circumstances, the program is presumed not to pose foreseeable public harm.
> However, as public trustees, broadcast licensees may not intentionally distort the news. The FCC has stated that “rigging or slanting the news is a most heinous act against the public interest.” The Commission will investigate a station for news distortion if it receives documented evidence of rigging or slanting, such as testimony or other documentation, from individuals with direct personal knowledge that a licensee or its management engaged in the intentional falsification of the news. Of particular concern would be evidence of the direction to employees from station management to falsify the news. However, absent such a compelling showing, the Commission will not intervene.
Again, Jimmy didn't get sent to the gulag and didn't go to jail. He can still run a show on his own platform or a youtube channel or maybe Netflix will sign him up. Heck, after this, I'd say he would easily triple his view numbers if anything.
The US government threatened a private company in an attempt to suppress speech that is protected under the 1st Amendment from government interference. This is a violation of the US Constitution. Full stop.
> This is a violation of the US Constitution. Full stop
I needs a comma, or semicolon at least.
> The US government threatened a private company
Threatened with what, imprisonment, death? They threatened to pull the FCC license. It turns out broadcast content is controlled by the government. It always has been. Kimmel can and should continue saying what he was saying on his own website or platform or whatever.
> This is a violation of the US Constitution.
Ok, let's say it's a clear cut violation, with a full stop, an open and shut case. ABC can file a lawsuit, it's an easy win isn't then? And, plus they get to show how they fought and won over fascism. Why did they fold so quickly then?
And what makes you think we will continue to have elections? This Project 25 is clearly a plan to destroy our Republic and subject us all to minority Christo-Fascist rule. We need to wake up and recognize what we are up against, or it is guaranteed to happen here.
Yeah that is definitely on the table, we'll see what happens.
Here, interestingly, just a threat was enough. I wonder why the owners didn't want to fight it at all? The speed with with they folded was very telling. As others mentioned, I suspect if they decided they just didn't want to keep paying Kimmel for the show. He was making somewhere around $15m/year or something they saw a chance to say "goodbye".
IANAL but this doesn’t get them out of their contract though. They could “say ‘goodbye’” anytime they wanted and continue paying the rest of the contract.
They are submitting to what they view as either an existential threat, or the opportunity to make millions in the merger they want the FCC chair to approve.
It depends on what the contract says. Each side has various clauses to protect their interests, like say if Kimmel starting showing porn on his show, now the station risks FCC license they can drop him. I imagine there was something.
Technically I think they could have fought, could have argued he was just describing the behavior of maga people or that his shows is all made up parody and everyone should know it, etc. However it would have been a losing PR battle even if the FCC lost eventually in court.