Thank you for sharing this letter. I must say it's refreshing to discuss the facts and their legal ramifications rather than engage in political rhetorics.
The letter is good for pointing out Carr's inconsistencies with his current behavior and what he has said in the past. Overall, if it was meant to express an adverse legal opinion, it's a good letter. But of course, I'm going to nitpick at some things, since it's clear they're not entirely neutral on the matter either seeing how they're presenting the facts, which makes it a political statement first and foremost meshed with legal references rather than a legal analysis.
"We are more than seventy scholars of the First Amendment, constitutional law, telecommunications law, and journalism, First Amendment litigators, and civil society organizations committed to free speech. We write regarding your recent suggestion that ABC-affiliated broadcast licensees violated their “public interest” obligations, engaged in “news distortion,” or perpetrated a hoax when they aired comedian Jimmy Kimmel’s comments about partisan reactions to Charlie Kirk’s murder. “We can do this the easy way or the hard way,” you warned them, adding: “These companies can find ways to take action on Kimmel or, you know, there's going to be additional work for the FCC ahead.”"As it happens often, these two sentences were taken out of context. On the podcast, Brendan Carr expressed that it seems Jimmy Kimmel leaned into the narrative espoused by some people that Tyler Robinson was somehow a MAGA Republican, which in his opinion constitutes news distortion. But his commentaries remained hypothetical, as he said, "we
MAY ultimately be called to be a judge on that." You can find the whole exchange
following this link if you wish to make your own opinion on what he said.
"Kimmel may have been mistaken about some aspects of the public reaction to the rapidly evolving story of Kirk’s murder, but it would be exceedingly difficult to prove that he knew his comments were false."The Governor of Utah (the guy responsible for law enforcement and investigations in the whole state) made a public statement the day before the controversial episode aired where he said that the killer has been radicalized with leftist ideology, which was also stated by his close family's testimony. Engravings referring to antifascist ideology were found on his belongings. I find it hard to believe that Kimmel missed those considering he likes to comment on the news during his show, which assumes he keeps himself informed. But of course, he's allowed the benefit of the doubt.
"Indeed, your threats have achieved at least some of their intended result: Disney suspended Kimmel “to avoid further inflaming a tense situation” and reinstated him six days later only after “having thoughtful conversations with Jimmy[.]” Upon his return, Kimmel thanked Disney for reinstating him, but noted that this, “unfortunately, and I think unjustly, this puts them at risk” from an FCC “using mob tactics to suppress free speech.” Regarding Kirk, he struck a notably different chord, calling for forgiveness and reconciliation."If I refer to
this WSJ article, they are really distorting what went on on ABC's side. After Nexstar and Sinclair made their press releases stating they won't air Jimmy Kimmel's show anymore, Dana Walden (the co-chairman of Disney Entertainment) spoke to Kimmel to know what he was going to do. After discussing with other senior executives, they concluded that his approach was going to make things worse as he was going to say that his words were being twisted by the MAGA movement, and decided to temporarily suspend him. They also had to consider security concerns as members of the show had received threats and suffered from doxxing. Kimmel's show was then put back on after public backlash.
The timing between Carr's comments and Nexstar and Sinclair's actions is enough to warrant scrutiny of course, but not enough to claim he coerced them. Regarding ABC's decisions, they remained mainly business drive decisions.
"You claim not to have threatened anyone or to have prejudged whether ABC stations have violated the law by airing Kimmelʼs remarks. But Sen. Cruz understood your message perfectly—“‘nice bar you have here, it’d be a shame if something happened to it’”—and so would every company with something to lose. An agency’s “reputation for objectivity” is in question if “a disinterested observer may conclude that it has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it. Public comments evincing prejudgment have disqualified commissioners from judging cases and “[w]herever there may be reasonable suspicion of unfairness,” courts say “it is best to disqualify.””Whether they think Senator Cruz is right is, first and foremost, their opinion. If a complaint is filed on ABC and the FCC has to investigate, then that just means that Carr won't judge the case if I understand their wording? I'm also quite disappointed that they didn't go further into the clarifications that Brendan Carr's brought up (
click here if you're interested in reading more on that).
They also employ very strong wording regarding Carr's actions by repeatedly claiming he threatened the broadcasters, when there's a difference between what he said and saying "fire Kimmel or I'm removing your licenses." They also claim he engaged in jawboning (I mean that's the entire point of their letter), when in past cases, more substantial actions were taken by the defendants compared to what he did.
But we shall see what his hearing at the Senate yields. Wait and see.