Truth behind whether Trump could actually sue ABC over Jimmy Kimmel return
President Donald Trump has threatened to take ABC to court over its handling of talk show host Jimmy Kimmel - but can he really do it?
While the 79-year-old has reigned victorious in the past after taking the broadcaster to court, does he really stand a chance this time around?
Before we delve into the truth behind whether the POTUS has a case, let's remind ourselves of why ABC suspended Jimmy Kimmel Live! - albeit for just a week.
Well, it came just days after Turning Point USA co-founder Charlie Kirk was assassinated at one of his conservative organisation's events at Utah Valley University, on September 10.
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The father-of-two was shot in the neck and pronounced dead at a local hospital shortly after, with 22-year-old Tyler Robinson having been arrested and charged in relation to the 31-year-old's death.
Why was Jimmy Kimmel Live! suspended?
During an episode that aired on September 15, Kimmel joked about Trump's 'grief' over Kirk's passing, as well as the discussion around Robinson's political alignment.
“We hit some new lows over the weekend with the MAGA gang desperately trying to characterize this kid who murdered Charlie Kirk as anything other than one of them and doing everything they can to score political points from it. In between the finger-pointing, there was grieving,” he said.
“On Friday, the White House flew the flags at half staff, which got some criticism, but on a human level, you can see how hard the president is taking this."
It then cuts to a clip of the 79-year-old being asked by reporters about how he's holding up after his 'good friend's death, to which he says: "I think very good," before talking about the construction of the White House's ballroom.
After the clip concluded, the camera pans back to Kimmel, where he joked: “Yes, he’s at the fourth stage of grief, construction.”
“Demolition, construction,” Kimmel added. “This is not how an adult grieves the murder of someone he called a friend. This is how a 4-year-old mourns a goldfish, okay?”
Two days later, ABC announced Kimmel's late-night talk show had been pulled off air.
However, nearly a week later, the Walt Disney Company, which owns ABC, announced the show would be returning to screens.
"Last Wednesday, we made the decision to suspend production on the show to avoid further inflaming a tense situation at an emotional moment for our country," a statement read.
"It is a decision we made because we felt some of the comments were ill-timed and thus insensitive. We have spent the last days having thoughtful conversations with Jimmy, and after those conversations, we reached the decision to return the show on Tuesday (23 September)."
How did Trump respond to Jimmy Kimmel's return?
Well, Trump wasn't exactly happy.
He took to his own social media platform Truth Social on Tuesday night (September 23), writing: "I can’t believe ABC Fake News gave Jimmy Kimmel his job back.
"The White House was told by ABC that his Show was cancelled! Something happened between then and now because his audience is GONE, and his 'talent' was never there.
"Why would they want someone back who does so poorly, who’s not funny, and who puts the Network in jeopardy by playing 99% positive Democrat GARBAGE."
He continued: "He is yet another arm of the DNC [Democratic National Committee] and, to the best of my knowledge, that would be a major Illegal Campaign Contribution. I think we’re going to test ABC out on this.
"Let’s see how we do. Last time I went after them, they gave me $16 Million Dollars. This one sounds even more lucrative. A true bunch of losers! Let Jimmy Kimmel rot in his bad Ratings."
Trump’s comments about the $16 million are seemingly a reference to the settlement he reached with ABC last year in a defamation lawsuit he filed against the network.
So, could Trump win a lawsuit against ABC?
The 47th president alleges that ABC has violated campaign finance laws as he accuses Kimmel of being 'another arm of the DNC and, to the best of my knowledge, that would be a major Illegal Campaign Contribution', although the facts don't back his argument up.
Brett Kappel, an attorney who specializes in campaign finance, told Forbes that Kimmel's remarks are 'clearly covered by the ‘media exemption' in campaign finance law.
But that's not all, the legislature bars the majority of organizations from contributing to a campaign in order to influence an election, but there is a 'media exemption' which states that these prohibitions don't apply in regards to 'any news story, commentary or editorial' that is distributed through a 'broadcasting station' - as long as a political party or candidate does not own it.
This means the Federal Election Commission continues to hold its stance on media companies broadcasting political content - even when it favors other candidates - as long as what is said falls within the company's usual work as a 'press entity'.
As a result, Kimmel is acting within the law when making anti-MAGA comments on Jimmy Kimmel Live!, while ABC can continue to employ him to do so without fears that it is violating any federal laws, or being considered to contribute to the Democratic Party.
Meanwhile, election law specialist Rick Hasen took to his blog yesterday to share his expert opinion.
"This, in my judgment, is incredibly alarming from a First Amendment and Election Law perspective. Accusing ABC of being an arm of the DNC and its content as being an illegal campaign contribution is the equivalent of accusing any media outlet of engaging in prohibited speech simply for engaging in political commentary," he wrote.
While adding: "There is no credible claim, despite Trump’s insinuation, that ABC is ‘owned or controlled by’ the Democratic National Committee, just as there would be no credible claim that The New York Times or any other liberal-leaning media outlet is."
Topics: Donald Trump, Jimmy Kimmel, Politics, US News
Joe Yates