Dershowitz on Newsmax: Kimmel unlikely to win lawsuit against ABC

 September 20, 2025

In a stunning turn of events, ABC has indefinitely suspended Jimmy Kimmel Live! following controversial comments made by host Jimmy Kimmel about the assassination of conservative leader Charlie Kirk.

The suspension, announced on Wednesday, came after pressure from Federal Communications Commission Chair Brendan Carr and Kimmel's remarks, prompting constitutional law expert Alan Dershowitz to weigh in on the potential legal ramifications on Friday, as Newsmax reports.

On Wednesday, ABC, a network owned by Disney, made the decision to pull Jimmy Kimmel Live! from its programming schedule with no set return date.

ABC's bold move shocks viewers

The suspension followed remarks by Kimmel regarding the assassination of Charlie Kirk, a prominent conservative figure, which stirred significant backlash.

Earlier that same day, FCC Chair Brendan Carr publicly called on local broadcasters to cease airing Kimmel's show on ABC's network.

This mounting pressure appears to have influenced ABC's swift action to suspend the late-night program indefinitely.

Legal expert questions Kimmel's position

On Friday, Dershowitz spoke to Newsmax about the situation, offering his perspective on whether Kimmel could pursue legal action against ABC.

Dershowitz argued that Kimmel likely lacks a strong case, emphasizing that ABC holds the primary First Amendment rights over the show's content.

He clarified that the network, not the host, has the authority to determine programming decisions.

Dershowitz explains First Amendment dynamics

Dershowitz elaborated, stating, "They would have to prove that the decision was made entirely by the government, not by ABC."

He further explained, "ABC, after all, is the holder of the First Amendment, not Kimmel. Kimmel works for ABC. ABC is the one who has the First Amendment right to decide who should be on and who shouldn't be on."

Continuing his point, Dershowitz added, "Kimmel is just a person who implements ABC's decision. Again, like the New York Times. It's the New York Times, according to New York Times v. Sullivan, which has the First Amendment right."

Comparing media roles, rights

Dershowitz drew a parallel between Kimmel's role and that of an op-ed writer for a major publication.

He noted that, much like a newspaper such as the New York Times assigns and controls content, ABC retains the discretion over its programming choices.

This legal precedent, Dershowitz argued, places the power firmly with the network rather than the individual host.

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