Kimmel returns Tuesday

[K.M. Richards]

We have to go back several decades or more to remember when All In the Family and N.Y.P.D. Blue were not carried by a number of stations that felt they were inappropriate for their markets. They did not lose their affiliate agreements.

Actually, it was those pre-emptions which were a big part of the reason the pre-emption provisions in affiliation contracts were strengthened.

What happened with those two shows, from 1971 and 1993, is mostly irrelevant under the contracts in force now, 30 to 50 years later. The provisions weren't there back then to cause a possible breach of contract. Today, they are.

Similarly, in the first decades of TV and before each market had at least 3 TV stations, stations often shared two or even three of the networks, meaning that a lot of shows did not run in those markets.

That was a situation unique to the early days of the medium, secondary affiliations were common in those markets, and the networks could only hope for clearances ... they were not in any way guaranteed by the affiliation contract terms the way they are now.

Again, citing "the way it was back then" is irrelevant to the present discussion.

 

[davideduardo]

I don't know how much weight my opinion carries with either of you at the moment, but here goes.

The knowledge of radio which David has, which goes back farther than any of us -- myself, Mike Hagerty, and BigA included -- is indeed very much needed. There are too many people here who have misconceptions about the business, or have been misinformed in the past, or otherwise have little to no factual knowledge. And when one of us can answer that question in a direct manner, we improve the overall knowledge of everyone here.

But when the answer comes with philosophical comments, regardless of whether or not they have some tangential relevance, it does nothing other than inflame the discussion, which then inevitably spirals out of control and then Lance has to close the thread.

And I would imagine that every time he has to do so, he waits uneasily for the next thread to go down that path.

David, you and I have known each other for many years. We also have not judged each other on our different political views, for which I am grateful. But your frequent diversions into answers that do not directly relate to the question asked is at best a distraction and at worst inflammatory.

Please, mi amigo, stop.

I will stop when there is no need to present the "other side" of controversial issues that have been broadcast on radio and TV.

 

[AbrahamJSimpson]

What Kimmel said was that the MAGA folks were trying to cover up that the shooter was one of them.

It’s not what he said as your repeated quotes show. Funny that you leave out the entire thrust of the part about scoring political points which was absolutely true.

A lie, broadcast on national TV.

Still not a lie even a week later. And irrelevant as it’s an opinion.

And a very good subject for discussion as, in fact, we have posters here who say that it's OK for a comedian to lie because it's not "in a newscast".

How do we break this….every word to come from a comedian isn’t truth. Sometimes it’s hyperbole. And sometimes it’s an opinion based on truth like…scoring political points.

This is not a theory. The shooter was not MAGA and Kimmel implied that he was.

Yet again, read the quote.

And part of that is an international awareness

Believe it or not, there are plenty of people with plenty of knowledge. One person does not possess a monopoly.

of news distortion, lies and exaggeration as well as the other side of censorship, imprisonment and even death for telling the truth.

Which conveniently seems to be just fine so long as it’s the “bad” group on the short end of the dictatorial stick.

 

[K.M. Richards]

I will stop when there is no need to present the "other side" of controversial issues that have been broadcast on radio and TV.

I offer two rhetorical questions in rebuttal:

Are we here to discuss the business of radio and television, or are we now becoming more focused on the content?

And when did we start giving the remarks in a late-night show's monologue, which is tailored toward getting laughs from the audience, the same weight as remarks in news programming?

 

[davideduardo]

I offer two rhetorical questions in rebuttal:

Are we here to discuss the business of radio and television, or are we now becoming more focused on the content?

I think it has always been about content, engineering, management and even sales.

And when did we start giving the remarks in a late-night show's monologue, which is tailored toward getting laughs from the audience, the same weight as remarks in news programming?

When the late-nite show's host lies.

 

[TheBigA]

A lie, broadcast on national TV. And a very good subject for discussion as, in fact, we have posters here who say that it's OK for a comedian to lie because it's not "in a newscast".

It would be OK for him to lie even if it WAS in a newscast. In fact I would guess some newscasts have aired his comment. But he didn't "lie." There is no speech police in this country. There's no law against lying on TV. We all have the right to our opinion, even if that opinion is considered by some to be a lie. He has addressed the matter with his employer, and that's the end of the discussion. Beyond that, his opinion, as offensive as it might be, is covered by the first amendment.

 

[K.M. Richards]

When the late-nite show's host lies.

He did not lie. He did not come out and say in so many words that the assassin of Charlie Kirk was a MAGA type. He inferred that many MAGAs were being vocal that the shooter was not.

It's in the transcript. It's in the video clips at ABC, YouTube, etc.

You are factually incorrect with that statement, David. I'm sorry, but I saw the monologue myself when it aired and I can confirm that those clips and transcripts are accurate.

 

[Rusty Muck]

Disney's legal department has a tube of lawsuits that will clear up those ugly red (and gray) blotches fast.

Both companies have basically earned a unilateral disaffiliation from ABC when their contracts lapse next year (Nexstar's deal runs out in August 2026 and Sinclair's deal runs out in December 2026). ABC could easily cut the cord entirely and go on Hulu and Disney+ in those markets exclusively or try to work out a patchwork quilt of replacement affiliates if they wanted to.

What's notable here is ABC hasn't been or is referencing Sinclair and Nexstar since announcing Kimmel's reinstatement. Kimmel didn't even reference them, just that the show wasn't being seen in multiple markets. Their refusal to acknowledge Sinclair to Nexstar is quite damning.

 

[Don CT]

Why was NBC News not fined by the FCC when Brian Williams blatantly lied on a news broadcast.

 

[michael hagerty]

Both companies have basically earned a unilateral disaffiliation from ABC when their contracts lapse next year (Nexstar's deal runs out in August 2026 and Sinclair's deal runs out in December 2026).

Oh, absolutely.

ABC could easily cut the cord entirely and go on Hulu and Disney+ in those markets exclusively or try to work out a patchwork quilt of replacement affiliates if they wanted to.

Telling viewers in that much of the country that they have to pay for what others can watch for free over-the-air is a tough sell.

Honest to God, though. The move is to let them know that if they breach, they're being sued for breach with daily compounding damages equal to the amount of advertising revenue lost, damages for attempting to hurt ABC's credibility and image as a national network and punitive damages----and then to actually follow through and file that lawsuit by close of business on the first day they're in breach.

IF these guys are dumb enough to let it get to court, they'll be wetting their $5,000 suits and begging the Disney lawyers (they wear $10,000 suits) to settle.

And the settlement Disney specifies is:

• Kimmel goes back into his usual timeslot on every station.
• Nexstar and Sinclair reimburse Disney for lost revenue up to the day Kimmel goes back on the air.
• Nexstar and Sinclair apologize publicly to Kimmel for mischaracterizing what he said in his monologue on September 15.
• Nexstar and Sinclair spend a large-ish sum of their own money on outdoor, print, broadcast and online advertising for double the number of days they pre-empted the show in each market promoting "Jimmy's Back!" (Actually making them use the phrase "(Station Name) is proud to present" would be juicy).
• The CEOs of Nexstar and Sinclair are on call and if Guillermo calls in sick, one or both of them have to fly to Hollywood, stand on the stage and say "That's right, Jimmy" on cue throughout the show.

That last deal point is negotiable, but only because I don't have a license to practice law and I don't work for Disney.

 

[TheBigA]

Why was NBC News not fined by the FCC when Brian Williams blatantly lied on a news broadcast.

Because the FCC has no jurisdiction over NBC News. As it has no jurisdiction over ABC TV Network.

 

[Don CT]

Because the FCC has no jurisdiction over NBC News. As it has no jurisdiction over ABC TV Network.

Agreed, but a news anchor lying seems to be more important than a comedian telling a joke.

 

[TheBigA]

Agreed, but a news anchor lying seems to be more important than a comedian telling a joke.

It goes back to my comment about Fox News and Dominion. That would seem to be a bigger issue.

 

[K.M. Richards]

Why was NBC News not fined by the FCC when Brian Williams blatantly lied on a news broadcast.

Because the FCC has no jurisdiction over NBC News. As it has no jurisdiction over ABC TV Network.

Oh, for ...

Shouldn't everyone here know that by now, given the length of this discussion?

That question is not worthy of someone who has been here for eleven years and made over 5000 posts.

 

[Don CT]

It goes back to my comment about Fox News and Dominion. That would seem to be a bigger issue.

Yes, so for those in the back. This is purely political. It had nothing to do with Kimmel’s joke.

 

[Don CT]

Oh, for ...

Shouldn't everyone here know that by now, given the length of this discussion?

That question is not worthy of someone who has been here for eleven years and made over 5000 posts.

You don’t have to argue with me about it. Some still are not getting it though.

 

[IM42A]

Here's a map of where Kimmel was not broadcast last night (via "Brilliant Maps" and "Terrible Maps" on Facebook):

View attachment 10472

(Apologies to those with visual impairments; this is a map of the US showing markets where the ABC affiliates are owned either by Sinclair or Nexstar. Notable cities with such affiliates include Seattle, Portland, Salt Lake City, Tulsa, Little Rock, New Orleans, St. Louis, Nashville, Birmingham, Richmond, Washington, Columbia Columbus, Burlington (VT), Hartford (CT) - also excluded were much of west Texas, far northern California, central Nebraska, a big chunk of Montana, areas of eastern Kansas including Topeka, much of Michigan outside Detroit, central Illinois, a substantial part of upstate New York, etc.)

Edit: Columbus, Ohio; not "Columbia". Usually the mistake is the other way around.

The map omitted Charleston SC. WCIV there is owned by Sinclair.

I was unable to verify on my own whether WCIV carried the show, as I cannot regularly get WCIV in Columbia, though I doubt any Sinclair station would have "gone rogue". In addition to WOLO, which did carry it, I get WJBF from Augusta, as well as WPDE Florence/Myrtle Beach much of the time. Neither station carried it.

 

[K.M. Richards]

You don’t have to argue with me about it. Some still are not getting it though.

That's their problem. I know that you know better, and you shouldn't have to give the impression that you don't just for their sake.

 

[MarcB]

A story on CTINSIDER.COM which is the online version of the newspapers in Connecticut owned by Hearst has a quote from Governor Lamont saying "WTNH needs to air it."

I'm not a fan of the governor or a viewer of Jimmy's show (I've never watched it), but I agree with the governor.

Or let the cable companies air an out of market ABC station i.e. WGGB 40 (Gray), WCVB 5 (Hearst), WABC 7 (Disney), or WPVI 6 (Disney) .

 

[Theater of My Mind]

That's live ... it does not count streaming, and it does not count ABC.com or YouTube replays.

Kimmel's monologue has 17 million views on YouTube as of now, and still growing.