Comments made by Jimmy Kimmel regarding the murder of conservative activist Charlie Kirk were seen as not just in poor taste but also potentially misleading. The timing of these remarks couldn’t have been worse.
The situation surrounding the merger of the largest local television station owners raises significant anti-trust concerns, necessitating careful scrutiny from the Federal Communications Commission, especially under the leadership of Brendan Kerr.
Kimmel’s statements have complicated things further. Recently, Nexstar made a public announcement that it would stop airing the show, as noted by telecom insiders who referenced financial interests. They have dealings before the FCC involving broadcasters like ABC, which airs “Jimmy Kimmel Live!”.
Disney’s CEO Bob Iger has also opted to suspend the show indefinitely.
On Thursday, Sinclair Broadcast Group, a conservative-leaning competitor, intensified the pressure by stating that Kimmel’s suspension would only be satisfactory if he directly apologized to Kirk’s family and donated to his political organization.
In the midst of all this, Carr, a veteran telecommunications lawyer, has taken a strong stance in promoting regulations meant to serve the “public interest” in the broadcasting sector.
His influence has been markedly significant; for instance, Paramount reached a settlement over a contentious CBS interview with Kamala Harris during the 2024 campaign.
The late-night program of comedian Stephen Colbert was also canceled after financial struggles tied to political content.
Other networks have resolved disputes with former President Trump, including ABC, which paid over $16 million to settle a lawsuit stemming from comments made by news host George Stephanopoulos.
In contrast to cable channels, the FCC regulates content broadcast on local television networks by holding the power to issue or revoke licenses. This covers major stations affiliated with NBC, ABC, CBS, Fox, and others, as well as those working with Nexstar.
Traditionally, the FCC has permitted broadcasters some latitude unless content is deemed indecent. This has allowed shows like those of Kimmel, Colbert, and even “60 Minutes” to include left-leaning commentary without much consequence.
Kimmel’s comments not only addressed the tragedy of Kirk’s murder but also seemed to poke fun at conservatives, insinuating a connection between Kirk’s assassin and conservative beliefs.
These comments might have been defended as protected speech previously, but Kerr may argue that the First Amendment isn’t absolute. It implies that, while government cannot criminalize Kimmel or Colbert for their thoughts, it doesn’t guarantee them broadcasting license protection either.
“Clearly Nexstar is being drawn into Carr’s web,” one communication lawyer remarked shortly after the show’s cancellation, implying that Kimmel’s comments, while harmful, would typically be defended under free speech rights. He is, after all, a comedian.
Regardless, this scenario indicates that the FCC can restrict licenses if it believes it serves the broader interests of broadcasting.
Nexstar appears particularly at risk under Carr’s stringent interpretation of what constitutes public interest, especially as it looks to grow its influence. It is among the largest owners of ABC affiliates airing Kimmel’s show, overseeing more than 30 stations across the country.
The recent announcement of a deal to acquire Tegna would further expand the company’s reach, covering 80% of households through 265 stations in 44 states. In some areas, new operators manage multiple stations.
All of this requires FCC approval.
Representatives from Nexstar and the FCC have not provided comments in response to inquiries.
