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hlthe2b

(114,724 posts)
24. As I said, I debated this intensely with a 30 year contracts law legal professor this morning
Thu Sep 18, 2025, 02:04 PM
Sep 2025

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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I'd *pay* to be on his legal team. no_hypocrisy Sep 2025 #1
Tell me what you see in this dispute and your knowledge of entertainment contracts that hlthe2b Sep 2025 #4
I'm in a car now. Later, I hope. no_hypocrisy Sep 2025 #5
Maybe... but Neil and I discussed that a bit and he thought it wouldn't work without ABC hlthe2b Sep 2025 #10
I pointed out on another thread that the same thing could happen to DU Wednesdays Sep 2025 #11
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
It is a clear cut 1st Amendment violation by the government. SunSeeker Sep 2025 #23
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 respect Tribe. Tribe hasn't said Kimmel has a weak case. SunSeeker Sep 2025 #26
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
Well, was he? SunSeeker Sep 2025 #40
Yes for years before academia. Done interrogating me now? hlthe2b Sep 2025 #41
IANAL. ShazzieB Sep 2025 #34
The 1st Am violation here is obvious. SunSeeker Sep 2025 #36
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
Exactly.. Had ABC joined with Kimmel it would be clear cut. Now, not so much. hlthe2b Sep 2025 #20
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
Do not obey in advance. nt SunSeeker Sep 2025 #22
History tells us it won't happen. progressoid Sep 2025 #30
You mean.... kimbutgar Sep 2025 #9
You might want to cite the author of this quote, rather than Daily Kos --- Sabrina Haake erronis Sep 2025 #6
He should sue for a trillion dollars. Outdo eltrumpo twodogsbarking Sep 2025 #8
Keith Olbermann pointed out that contracts for these shows are written niyad Sep 2025 #12
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
But there is a First Amendment issue that may transcend contract language. spooky3 Sep 2025 #31
he can sue the FCC and carr personally moonshinegnomie Sep 2025 #13
Well Kimmel's contract is with ABC and Disney FakeNoose Sep 2025 #27
We have all been harmed by this injustice. A class action suit on behalf of every American seems plausable. twodogsbarking Sep 2025 #32
Standing will be the weaselly way the conservatives avoid litigating this IbogaProject Sep 2025 #33
Only Disney Corp is to blame. The Grand Illuminist Sep 2025 #35
Disney/ABC are not airing a Kirk tribute. Wiz Imp Sep 2025 #38
AFTER a review by forum hosts LOCKING Omaha Steve Sep 2025 #43
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