Nexstar Media Group CEO Perry Sook and president Michael Biard are defending their decision to pull “Jimmy Kimmel Live!,” arguing it wasn’t a violation of the First Amendment.
“No one has an unlimited right to say whatever they want on a talk show. Every network and station has made tough calls when on-air conduct crosses a line. That isn’t a violation of the First Amendment — it’s an exercise of editorial responsibility and stewardship of the public airwaves,” the executives said in a memo to staff on Friday.
The defense comes after Nexstar said it was ending its preemption of the late night show following “constructive” discussions with Disney and ABC. The company, which owns 23 ABC affiliate stations and nine other partner stations, initially pulled the show last week following Kimmel’s comments about Charlie Kirk’s alleged assassin.
After Nexstar’s move, ABC followed suit in order to “avoid further inflaming a tense situation at an emotional moment for our country,” adding that some of Kimmel’s comments were “ill-timed and thus insensitive.”
Disney’s move would trigger protests from writers and union members, calls to cancel Disney+, Hulu and ESPN+ subscriptions and an open letter from the American Civil Liberties Union signed by over 400 artists condemning the suspension. But after “thoughtful conversations” with Kimmel, a decision was reached for “Jimmy Kimmel Live!” to return on Tuesday.
However, Sinclair and Nexstar both continued to preempt the show as discussions with ABC were ongoing. An insider familiar with the discussions told TheWrap that no editorial or content concessions were made between Nexstar and Disney.
“We called for cooler heads to prevail during this sensitive time in our national political discourse, and we believe now is the right moment to bring the show back to our stations,” Sook and Biard said. “We appreciate your patience as this unfolded.”
At the same time, Nexstar acknowledged that its decision created “difficult, and at times distressing, circumstances” for its ABC affiliates, noting that some faced “hostile and even threatening reactions.”
“We regret that, but we also know standing by principle requires fortitude and a willingness to take the harder path. As FCC licensees, we take seriously our duty to program in the public interest, even when not everyone agrees,” Sook and Biard said.
The deal between Disney/ABC and Nexstar followed a similar deal with Sinclair Broadcasting. A spokesperson for Disney declined to comment.
The standoff came as Nexstar has entered into a $6.2 billion merger with rival Tegna that is pending before the Federal Communications Commission, whose chairman Brendan Carr has been a vocal critic of Kimmel and ABC.
If approved, the Nexstar-Tegna merger would create a combined entity with a portfolio of stations representing 80% of U.S. households. It would have a total of 265 television stations in 44 states and the District of Columbia, adding Big-4 affiliate stations in markets including Phoenix, Atlanta, Toledo and Portland, Maine. The combined company would also have stations in nine of the top 10 markets and in 41 of the top 50.
A new MoveOn Civic Action petition, which has over 20,000 signatures, is urging the FCC to reject the merger.
Nexstar has denied that the FCC played any role in its decision to pull Kimmel, arguing that it was made “unilaterally by the senior executive team” and that it had “no communication” with any government agency prior to making the decision.
“Nexstar remains committed to protecting the First Amendment, delivering fact-based and unbiased news, and broadcasting content that best serves our communities,” Sook and Biard’s memo concluded. “These principles guided us throughout this process and will continue to do so. Thank you again for your support and resilience.”
