Jimmy Kimmel returns

I was originally planning to address the Jimmy Kimmel situation in a newsletter at The Squawk, prompted by a question posed for our mailbag: Regarding the cancellation of Jimmy Kimmel. How can Hollywood respond? WGA and SAG-AFTRA both responded but beyond that what actions could they take? Another strike? (Courtesy Patricia) 

I knew Patricia’s question deserved a fuller answer than a mailbag allows, and I thought I’d have time to noodle over the possibilities a little, but then in a somewhat surprising move, Disney announced yesterday that Jimmy Kimmel Live! will return to air tonight. I say “somewhat surprising” because I kind of thought there would be no way back from yanking him off the air in the first place. And it’s still not really clear what the future holds for Kimmel, as one of ABC’s biggest affiliate carriers, Sinclair Media, has already issued a statement that they will be preempting Kimmel’s return. It’s unclear what Nexstar, the other biggest affiliate, will do with their ABC stations.

There are few things that truly unite Americans, but free speech is one of them. Senator Ted Cruz admitted he doesn’t like Jimmy Kimmel but still defended Kimmel on his podcast—does EVERY politician have a podcast now? Is anyone doing their actual JOB??—condemning Disney’s actions, saying, “But let me tell you: If the government gets in the business of saying, ‘We don’t like what you, the media, have said. We’re going to ban you from the airwaves if you don’t say what we like,’ that will end up bad for conservatives.”

Granted, he thinks this because he believes once Democrats are in power again they will use the same tactics against conservatives, but other Republican politicians did echo his sentiment, that it’s a slippery slope to start using federal power against free speech like this, regardless of whether or not you like or agree with the target of the attack. Further, last year the Supreme Court ruled unanimously—unanimously! THIS court!—that “a government official cannot coerce a private party to punish or suppress disfavored speech on her behalf”, which pretty well describes how FCC chairman Brendan Carr used a threat against broadcast licenses to push ABC affiliates into action.

On top of conservatives condemning censorship, there was a wave of consumer action, including people cancelling Disney+ and Hulu subscriptions; statements from various Hollywood guilds were issued; and 400 celebrities including Toy Story star Tom Hanks, Only Murders stars Martin Short and Meryl Streep, and MCU stars Florence Pugh and Julia Louis-Dreyfus, signed a letter with the ACLU protesting Disney’s decision. All of this pressure obviously worked, because here Kimmel is back on the air just one week later, even though there remains a huge question mark about the affiliates.

And that question will need to be answered, because between them Sinclair and Nexstar control over 60 ABC affiliates, representing the largest bloc of stations in the country. Kimmel won’t be able to stay on the air without them. Eventually, they’re going to have to start broadcasting Kimmel’s show, or we’ll be right back here in a few weeks. There is also a question about the advertising for the year, which has already been sold. What happens to those ad dollars in the markets where Kimmel is preempted? A big reason everyone assumed Stephen Colbert has a year to wind his show down is because the advertising for the 2025-26 season had already been sold, and CBS wasn’t going to renege on those deals. But where Kimmel is preempted, do the advertisers still have to pay, even though the thing they paid for isn’t broadcasting?

It's good that Kimmel is returning to air. It’s really not about if you like him or his show, it really is about free speech and the government not using levers like the FCC and broadcast licenses to force people they don’t agree with off the air. That’s authoritarianism 101 and the swift and vocal outrage over it shows a lot of people heard the bell tolling even if they, personally, would be glad to see Jimmy Kimmel off the air permanently. And that still might happen! His contract is up next year. Perhaps, like Colbert, he’ll end up winding his show down and fade to black in 2026. It's a natural off-ramp given the decay of late-night ratings and Kimmel’s contract expiring, though it does feel like the current political climate is hastening the end of late-night television.

As for Kimmel himself, we’ll see what he has to say tonight. Reporting from multiple sources, including Matt Belloni’s Puck newsletter, has it that he refused to apologize in meetings with ABC and Disney brass last week. I’m very curious to see what kind of tone he strikes tonight. Now is not the time for any more kowtowing, and I kind of can’t believe it’s coming down to network-approved comedians like Jimmy Kimmel and Stephen Colbert to save democracy. These are hardly firebrand political rebels, but yet, here we are. 

In the meantime, if you’re still looking for some action you can take, if you’re in the US, you can check if your area has stations owned by Sinclair (here) or Nexstar (here). Put pressure on your local stations, let them know you want Jimmy Kimmel Live! back on the air in your area. These stations, which leaderships lean conservative, will need to stop bowing to federal pressure, too. It’s genuinely not enough for Disney to do it, they won’t be able to sustain Kimmel’s show without local affiliates. And Sinclair and Nexstar undoubtedly know that. So it’s time to turn the heat up on them, and make it clear free speech is for everyone, not just the people you agree with.

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