The Town with Matthew Belloni Kimmel Is Back, But Disney vs. Trump Is Just Beginning
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Sep 25, 2025 Eriq Gardner, a legal reporter from Puck, joins the discussion to dive into the complexities surrounding Jimmy Kimmel's return. They explore the limits of the FCC's power in the Kimmel-Disney dispute and dissect how much leverage affiliates actually hold. Eriq also examines the ramifications of Disney potentially withholding valuable content like sports, and predicts the likely strategic responses they might employ. Plus, insights on Apple's decision to pause The Savant add a layer of intrigue to the media landscape.
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FCC Threats Are Mostly Bluster
- Brendan Carr's threats lack strong legal teeth and mainly generate noise rather than decisive action.
- Eriq Gardner argues the FCC's remedies are limited and lawsuits would likely favor Disney on First Amendment grounds.
Affiliate Contracts Have A Public-Interest Escape
- Affiliate contracts typically cap preemptions but include an FCC public-interest exception that can justify longer preemption.
- The specific ABC-affiliate contracts matter and could let stations preempt Kimmel if they claim local public-interest concerns.
Regulatory Power Has Shrunk
- Brendan Carr's real leverage is his megaphone, not regulatory muscle.
- Gardner notes the administrative state is constrained by recent Supreme Court limits, reducing agency reach.