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In reply to the discussion: Jimmy Kimmel has a strong First Amendment claim against Trump's FCC [View all]hlthe2b
(114,724 posts)24. As I said, I debated this intensely with a 30 year contracts law legal professor this morning
And while I do believe the legal community will be split (as am I) on this--despite all agreeing on the horrendous constitutional violative offense this action clearly demonstrates, it is not as clear cut as you maintain.
You can keep arguing this (and I made similar points this morning), but entertainment law adds some complications, and there are several issues that my highly respected colleague brought up that will enter into the equation in court--if it ever gets there. That said, I'd love for Kimmel (with some "friend of the court" backing from others, including Congress and others at risk) to take this on, and certainly I'd love to see them prevail.
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Jimmy Kimmel has a strong First Amendment claim against Trump's FCC [View all]
bunny planet
Sep 2025
OP
Tell me what you see in this dispute and your knowledge of entertainment contracts that
hlthe2b
Sep 2025
#4
Maybe... but Neil and I discussed that a bit and he thought it wouldn't work without ABC
hlthe2b
Sep 2025
#10
It was explained elsewhere that the ABC parasitic Sinclair Group declared war on ABC.
GreenWave
Sep 2025
#42
Well, had they not folded, ABC would have had a strong case, but Kimmel? I don't think so...
hlthe2b
Sep 2025
#2
Kimmel's claim, as the OP states, is against the FCC. And THAT is a strong case.
SunSeeker
Sep 2025
#17
I addressed this earlier and why my Legal Professor friend in Contracts Law (and I) feel that
hlthe2b
Sep 2025
#18
My friend is as respected in contracts and constitutional law as is Tribe, but be nasty to me as you wish
hlthe2b
Sep 2025
#25
I would never name someone whose doxxing could put them at risk. Would you do that to your
hlthe2b
Sep 2025
#29
I agree with you, the constitutional issues are paramount here, not contacts law.
SunSeeker
Sep 2025
#37
I never said my colleague was NEVER a trial lawyer, constitutional or otherwise.
hlthe2b
Sep 2025
#39
SCOTUS: First Amendment doesn't apply to mean comments about patriots like Charlie Kirk!
50 Shades Of Blue
Sep 2025
#3
Right. So, Kimmel has every right to say what he wants, but ABC (sadly) does not have to
hlthe2b
Sep 2025
#7
Wrong. It matters why ABC won't air him. ABC execs canned him because they feared Trump retribution.
SunSeeker
Sep 2025
#14
I discuss tortuous interference with a contract upstream in my original posts as well
hlthe2b
Sep 2025
#15
Only if it goes to court and only if all of the people involved truthfully testify.
progressoid
Sep 2025
#19
No, it is even MORE clear cut. ABC not standing up proves they fear Carr's threats.
SunSeeker
Sep 2025
#21
As I said, I debated this intensely with a 30 year contracts law legal professor this morning
hlthe2b
Sep 2025
#24
You might want to cite the author of this quote, rather than Daily Kos --- Sabrina Haake
erronis
Sep 2025
#6
Not airing him still costs Kimmel in marketability, plus they won't pay forever.
SunSeeker
Sep 2025
#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 2025
#28
We have all been harmed by this injustice. A class action suit on behalf of every American seems plausable.
twodogsbarking
Sep 2025
#32