Tension between broadcast networks and affiliate groups are in the national spotlight as local ABC station owners Nexstar and Sinclair continue to preempt “Jimmy Kimmel Live!” over the late-night host’s comments surrounding his comments over Charlie Kirk’s death.
But the history of fraught negotiations over content spans decades, with ABC previously involved in multiple disputes over what constitutes indecent and offensive content. The network has traditionally refused to capitulate, arguing its programming served the public interest, and its stance has often borne fruit in ratings and awards.
But the Kimmel saga underscores how the dynamics between the network and affiliates have radically changed, with the added twist of public pressure from Federal Communications Commission Chairman Brendan Carr and the fate of a pending merger between affiliate owners at stake complicating the situation.
It’s not simply about what’s decent anymore.
On Tuesday, ABC brought Kimmel back to the network, where he said it was “never my intention to make light of the murder of a young man.” But Nexstar and Sinclair have still refused to air his show, with Nexstar saying on Wednesday it had engaged in “productive discussions” with Disney on the show’s content.
“To say that tensions between networks and station groups are high would be an understatement, and it’s been that way for some time,” a former television executive told TheWrap.
Below are past examples of how ABC (and CBS) have handled disputes with the affiliate stations over content.
A dilemma over “Maude”
CBS experienced the first wave of affiliate rebellion in 1972, when nearly two dozen affiliates refused to air an episode of the show “Maude,” created by comedy legend Norman Lear. The episode featured Maude debating — and ultimately having — an abortion. The subject matter rankled CBS stations, as abortion was still a largely taboo topic and Roe v. Wade was still a year away from a decision by the Supreme Court. While most CBS affiliates carried the original broadcast of “Maude’s Dilemma,” nearly 40 affiliates opted not to air reruns of the episode in August 1973 after a pressure campaign by the United States Catholics Conference. The show ultimately wasn’t affected by the episode, airing for a total six seasons before it ended in 1978. Abortion was legalized a year after “Maude’s Dilemma” through Roe v. Wade, remaining nationally protected through 2022 when the Supreme Court ended its status as a federal right.
Cleaning up with “Soap”
ABC’s affiliate ailments began even before the 1977 premiere of “Soap,” created by producer Susan Harris over boundary-pushing themes including a gay character, adultery and even gender identity. The show helped launch comedian Billy Crystal into the stratosphere through his portrayal of Jodie Dallas, one of the first regular gay characters on television. Initially, however, it prompted the ire of stations across the U.S. over the show’s depictions of homosexuality and adultery, prompting ABC to cut rates for advertisers. Still, 18 stations opted not to air the show during its premiere, including stations in Charlotte, North Carolina, Savannah, Georgia, and Sioux Falls, Idaho, and the number rose to 20 in its second week. While the show only lasted four seasons, it still managed to earn 17 Emmy nominations and four wins through its run, along with a Golden Globe in 1981. Crystal, now 77, has won multiple Emmys, a Tony Award and has earned three nominations for Golden Globes and two for Grammys.
Sirens over “NYPD Blue”
The legendary Steven Bochco and David Milch series “NYPD Blue” won 20 Emmy Awards and two Peabodys with its boundary-pushing depictions of nudity and substance, but its 1993 premiere wasn’t seen everywhere. The series didn’t air in dozens of ABC affiliates across the country, including in markets like Dallas and Syracuse, New York.
ABC Entertainment — run by Bob Iger, who went on to become the CEO of Disney — remained committed to the series, and a spokesperson told the Los Angeles Times in 1993 that it sold out of its ad inventory for the premiere. The show helped lead the creation of eventual Donald Trump nominee Brent Bozell’s Parents Television Council, a conservative media watchdog that repeatedly raised issues over the show with the FCC. The agency tried to fine ABC for $1.4 million for a 2003 episode of the show over nudity, but a U.S. federal court vacated the decision in 2011. “NYPD Blue” eventually ended in 2005 after 12 seasons.
Angry about “Ellen”
In a pivotal Season 4 episode of Ellen DeGeneres’ ‘90s sitcom “Ellen,” the eponymous character comes out and confesses her feelings to a budding producer played by Laura Dern. “The Puppy Episode” (the highest-rated in the show’s history, with 42 million viewers) became synonymous with progressive values, particularly for its unabashed portrayal of a lesbian woman and serving as a vehicle for DeGeneres to come out publicly. It earned the show a Peabody Award. The content, however, angered some ABC affiliates, prompting the Birmingham, Alabama, station, WBMA, not to air the episode and a Texas station, KTXS, to consider doing the same.
“Ellen” aired for one more season before it was canceled, and DeGeneres went on to eventually host a long-running talk show. WBMA, meanwhile, ended up being purchased by Sinclair in 2014.
Fallen soldiers on “Nightline”
Politics dominated an ABC and Sinclair dispute in 2004 after Sinclair initially chose not to air an extended episode of the network’s newsmagazine that displayed the names and photographs of soldiers killed in Iraq. The company claimed the Ted Koppel-led episode was a “so-called” tribute that sought to “influence public opinion against the military action in Iraq.” The stance prompted the ire of then-Sen. John McCain (R-Ariz.), a prisoner of war who received a Purple Heart. McCain sent a letter to Sinclair CEO David Smith, calling his decision a “gross disservice to the public” and “unpatriotic.”
Despite the group’s eight ABC stations not airing the episode, the ratings for the “Nightline” episode were up by nearly 30% compared to previous editions of “Nightline” that week. Koppel repeated the special the following year for his final year as “Nightline” anchor as the war dragged on, and no Sinclair stations preempted the program.
Battling over “Saving Private Ryan”
ABC and scores of station groups feuded in 2004 after they threatened to preempt ABC’s planned Veterans Day showing of Steven Spielberg’s Oscar-winning World War II epic “Saving Private Ryan.” The decision to air an uncensored version of the film — which features 20 F-bombs, a violation of FCC regulations on indecent content on broadcast networks — was championed by McCain, though station groups feared the FCC’s wrath over the language. ABC was hamstrung, however, as its contract with producer DreamWorks required the film to air unedited.
After some verbal feuds between conservative watchdog groups — including the Parents Television Council, which first opposed and then supported the film’s airing — the film eventually aired on Nov. 11, 2004, though 66 of ABC’s more than 220 affiliate stations opted not to air it. ABC in this instance emerged victorious, scoring its best ratings of the 2004 season at the time. While the FCC said it had received numerous complaints over the film, it rejected the notion the movie was “indecent.” “The horror of war … cannot be painted in airy pastels,” then-chairman Michael Powell said in 2005.
