Apologies for the 24-hour delay in my missive to you this week. In case you didn’t see it on my Instagram tales, my mother and father have been on the town this previous weekend and didn’t go away till yesterday. Consequently, I selected to maximise each minute they have been right here with me, figuring that you’d perceive. 😉

It was particularly pretty to spend Father’s Day with my dad, who’s now 82 years younger! We started the morning by ​letting him present me his breakfast ​(which consists of broccoli, cherry tomatoes, carrots, cabbage, gochujang, and watery oatmeal), adopted by an hour on the driving vary (my father is obsessive about golf). We got here again residence to catch some World Cup (my father can also be obsessive about soccer) after which went all the best way into Koreatown for some naengmyeon (Daddy’s favourite dish in all of the world). After a lot digging, I’d managed to seek out an ​genuine naengmyeon home that makes a speciality of North Korean noodles​ (my father is from North Korea) that had two vegan choices, together with vegan bibimbap (for Anthony). It was my first time ordering naengmyeon at a restaurant since going vegan! It was wonderful, although, the home made model I’ve in my first e-book is simply pretty much as good (in my humble opinion….!).

Each my mother and father ate extra meals than both Anthony or I might recall in current reminiscence, which, after all, made me so pleased. We spent the remainder of the day loafing on the sofa collectively watching extra soccer. I additionally managed to whip up a home made strawberry cheesecake (vegan, after all), in addition to a yummy Korean dinner utilizing recipes from my cookbooks–braised tofu, vegetable jeon, vegan galbi, sauteed zucchini. Regardless of feasting at lunch, they cherished my meals a lot, they stored consuming and consuming and consuming. They particularly cherished my vegetable jeon (yow will discover it in Home made). “These are wonderful,” my mom praised, which implies a lot coming from her!!

They have been equally impressed with my cheesecake–a lot so, that my mom requested me for the recipe the next day, proper earlier than stepping into her Uber for the airport. I didn’t have one particularly, however I shared the ​Peach Cheesecake recipe​ on which it’s based mostly. Don’t fear, I’ll make a correct recipe out of it quickly, I promise!

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After they left, I spent a couple of minutes scrolling via my newsfeed and came upon an ​fascinating article relating to The View​. The Barbara Walters created “chat present” was interesting to its watchers to “struggle the FCC” which, in line with the present’s hosts, was violating the broadcaster’s First Modification rights. I knew that The View had come below scrutiny a number of months in the past when the women overtly criticized Trump, in addition to the FCC’s entanglement with Jimmy Kimmel, however I believed the urgency had handed into oblivion. Apparently, I used to be mistaken.

The article led me down a deep, deep rabbit gap relating to the FCC’s historical past with the licensing renewal course of, the First Modification, censorship, and what all of this portends without cost speech. The next are some things I believed you may discover fascinating, based mostly upon what changed into a number of hours of analysis.

[Oh, and btw, if you’re new here and wondering why I’m talking about the law, I’m also a lawyer with over 20 years of experience. I’m a feminist, pro-democracy, and believe Black lives matter. I detest homophobia, transphobia, misogyny, and racism more than I love my kimchi recipe (and that’s saying a lot). I love animals and, as a result, do my best everyday not to exploit them to the best of my abilities. There are a whole host of other political, social, philosophical beliefs I carry in my heart, but this disclaimer is already getting too long. I’m not saying any of these things to be confrontational. I just believe in laying my cards out directly, so that you can make your choices accordingly and forestall any impulse to send me messages you might regret (I read every reply to my weekly emails). I value my place in your inbox, but not at the cost of my self-respect. If you want “just recipes,” you can change your email options below! And now, without further ado…]

Why did The View publish an SOS?

Put merely, the FCC is threatening to revoke ABC’s licenses. Particularly, the FCC has subjected eight (8) of ABC’s broadcasting licenses to an “early renewal” course of, that forces the broadcasters via an investigation continuing (prematurely) which will finally conclude with revocation of these licenses.

What occurs if the licenses are revoked?

The excellent news is that you simply’ll probably nonetheless be capable to watch Kimmel’s scathing monologues and Whoopi Goldberg pop off at this or that (I imply, it’s the very best a part of the present!). Why is that? As a result of these reveals are a part of ABC’s nationwide programming, which implies they’re pushed out to its full community of 200+ broadcasters–not simply these 8 which have come below overview. Furthermore, even when the worst have been to occur and the licenses have been revoked, it’s seemingly that possession of those licenses would merely be transferred to a brand new proprietor, one who would in all probability proceed to function as an ABC-affiliated broadcaster. Lastly, even when the brand new proprietor both refused to air Disney programming (which it might) or Disney refused to make it an affiliate (which it might), you can nonetheless watch Kimmel and The View by way of streaming.

Then what’s the large deal?

There are actually two large offers value noting:

(a) Native Programming. These licenses may have a direct impression on sure native programming in a few of the largest metropolitan areas of the nation: Los Angeles (the place I stay), Chicago (the place my mother and father stay), New York Metropolis, Philadelphia, Fresno, Houston, Raleigh-Durham, and San Francisco. The newsrooms and their anchors in these cities belong to Disney, and due to this fact, a revocation of the licenses hooked up to those cities will imply a close to complete overhaul of the native information casting. License revocation will impression what they select to cowl, who’s doing the masking, and the way properly they cowl the information.

It should additionally imply native community-centric programming (emergency alerts, Amber alerts, and many others.) will not benefit from the strong assets of an enormous establishment like Disney. Whether or not or not you want Disney (they’ve a considerably checkered previous), as somebody who lives in “wildfire metropolis,” it’s good realizing that the native emergency programming has the heft of one of many largest broadcasting conglomerates on the planet.

(b) Chilling Impact. These 8 licenses are terribly beneficial to Disney and the FCC/Trump is aware of that. It’s exactly why they’re going after these explicit licenses. Threatening their revocation threatens Disney’s backside line, which, after all, Disney has a fiduciary obligation to its shareholders to maximise. Accordingly, Disney would essentially and legally have to contemplate altering the content material with a purpose to keep away from revocation of those or different licenses. In different phrases, Disney may determine to restrict the boundaries of Kimmel’s political speech or curb Whoopi Goldberg’s subsequent rant with a purpose to defend its backside line and fulfill its fiduciary obligations.

[I know, this sounds repugnant, callous, and cowardly and I don’t disagree. However, should Disney lose this fight to the FCC, it would be legally required to at least consider capitulation. That is basic Corporate Law 101. We can disagree with the law, but that won’t change the way it works. What we can do, however, is help Disney (and others like Disney) not get bullied into silence by the FCC. More on that in a minute.]

Is that this even authorized?

There’s nothing unlawful, per se, about subjecting broadcasters to an early renewal overview. That mentioned, it’s been fairly some time for the reason that FCC utilized this extraordinary measure in an try and curb a broadcaster–50 years, to be precise. Paradoxically sufficient, ​in that case​, it was to censure an overtly racist broadcaster (WLBT) that refused to air any footage relating to the Civil Rights motion or Black People and as a substitute, continued to fill TV screens with white supremacist, segregationist rubbish. Licenses have been revoked and transferred. The truth that it’s been 50 years, although, for the reason that final time this form of “nuclear” tactic was deployed ought to set off no less than just a few alarm bells, particularly since this seems to be part of Trump’s playbook–using arcane, esoteric, hardly ever used authorized provisions, protocols, and precedent in ways in which have been seemingly by no means supposed.

However what’s the FCC’s foundation for going “nuclear” on ABC?

The FCC’s “official” foundation for subjecting Disney/ABC to the early renewal overview is their purported failure to stick to the brand new anti-DEI framework, as rolled out in Trump’s Government Order. Whereas the Order itself is directed at authorities contractors, it’s the DOJ’s place that DEI initiatives are a type of reverse discrimination. Brendan Carr, the FCC’s chairman, laid out this place in a ​detailed letter to Disney again in March 2025​.

The factor is… this complete early renewal factor didn’t occur till April 2026–greater than a 12 months after Carr’s letter. Extra tellingly, the FCC initiated its early renewal overview on April 28, 2026, simply someday after Trump demanded ABC hearth Jimmy Kimmel. Uh huh. The FCC initiated this continuing in opposition to Disney–a continuing that hasn’t been utilized in half a century–lower than 24 hours after the President threw a tantrum on Fact Social over Jimmy Kimmel.

I imply… like I’ve mentioned about so many different issues these previous couple of years: you don’t want a legislation diploma to determine that one out.

Okay, however what concerning the First Modification?

First, sure, the First Modification applies to broadcasters. However, as is the case for each single software of the First Modification, that proper shouldn’t be absolute. There are completely different limitations relying upon the sort of speech and id of the speaker. On this case, the speech at subject belongs to Disney/ABC, since they’re the targets of the FCC’s investigation. Broadcasters get pleasure from a extra restricted menu of rights below the First Modification. Or, put extra precisely, the federal government has extra latitude with regulating their speech than they do a non-public individual. Particularly, the FCC can regulate even the content material of the broadcaster’s speech if doing so promotes “public curiosity.”

“Public curiosity,” after all, is a purposefully wobbly phrase that resists definition. Nevertheless, the landmark determination on this matter is ​Crimson Lion Broadcasting, Inc. v. FCC​. In Crimson Lion, SCOTUS balanced the broadcaster’s proper to free speech in opposition to the listeners’ and viewers’ rights to a range of viewpoints. This reasoning was based mostly upon a shortage of airwaves–i.e., the truth that airwaves are a finite useful resource and due to this fact one broadcaster’s speech was essentially taking over the house that could be stuffed by one other. In gentle of such shortage, the viewers’ proper to various content material trumped the broadcaster’s proper to free speech. That is much like the reasoning deployed by the FCC within the WBLT matter I discussed above (the racist broadcaster that acquired its licenses revoked).

What “public curiosity”???

The FCC is claiming Disney’s failure to reply with adequate transparency and completeness to its DEI inquiries are in opposition to the “public curiosity.” There’s, after all, no authorized precedent for revoking a broadcaster’s licenses due to its failure to reply, sufficiently, to a number of DEI inquiries. If something, the authorized precedent runs counter to the FCC. The DC Circuit (the court docket that handles FCC proceedings) has held twice that tying license renewal to an organization’s alleged failure to adjust to the EEO Act was improper. Furthermore, there’s zero authorized precedent for revoking licenses based mostly on incomplete responses. Actually, there’s no less than one case the place the court docket overturned revocation even after it was decided the broadcaster had made precise misrepresentations (not simply incomplete solutions).

Isn’t this censorship?

This is a vital query. Why? As a result of the legislation truly prohibits the FCC, particularly, from censorship. Underneath 47 USC part 326:

Nothing on this chapter shall be understood or construed to offer the Fee the facility of censorship over the radio communications or indicators transmitted by any radio station, and no regulation or situation shall be promulgated or fastened by the Fee which shall intervene with the appropriate of free speech by way of radio communication.

“Radio communication” would apply to TV broadcasters on this explicit state of affairs. So, if the FCC’s conduct constitutes censorship, they may run head-on into this statute. However what does censorship truly imply below the legislation? ​SCOTUS has outlined​ “censorship” as “prior restraint” of speech. What which means is that the FCC can’t proscribe sure content material earlier than it’s revealed. It may, nevertheless, overview content material after it has been revealed and sanction broadcasters in accordance with “public curiosity.”

Right here, the FCC has pointed to Disney’s failure to supply fulsome responses to questions relating to its purportedly unlawful DEI packages in what’s an apparent try and sidestep the censorship prohibition. If the FCC’s beef with Disney/ABC is their hiring practices, that has nothing to do with the truth that the community has featured programming important of Trump. However, as I identified earlier, the timing of this whole course of suggests in any other case. Whether it is true that the FCC is focusing on ABC due to its precise content material, because of the chilling impact I described earlier, it is vitally attainable {that a} court docket would discover the FCC in violation of part 326.

What’s the viewers’ function in all this?

As I discussed above, the Supreme Court docket prioritizes the viewers’ rights to the broadcasters’ rights of free speech. Accordingly, viewers play a novel function within the license renewal course of. For this reason The View ​took out adverts​ asking its viewers to weigh in on this matter. The advert spot ends with a QR code that can take you to the ​FCC’s web site​, the place you’ll be able to submit your feedback on why you consider ABC’s programming is useful to the general public curiosity. If you wish to go away a remark, you’ll be able to merely click on on the button on the appropriate aspect of your display screen known as “+Submit an Categorical Submitting.” I truly spent a while studying via ​a few of the feedback viewers have already left​ (just like the one under) and I need to say, it actually restored a few of my religion in humanity.

I like The View and I get pleasure from Jimmy Kimmel’s blistering humorousness. However, I’m not a die-hard fan of both. I’m additionally not an enormous fan of Disney. I’ve been to Disneyland solely twice in my life and might’t recall the final time I watched a Disney-produced movie. I’m an enormous fan of Shonda Rhimes, although, and to the extent her reveals are aired on ABC (Gray’s Anatomy, Scandal), I’ll assist them as a result of I assist her. In different phrases, I’m not going to expire into the streets with my hair on hearth if I’ve to queue up Kimmel et al. on YouTube as a substitute of on my TV.

What I do discover troubling, although, is an observable sample of presidency habits that sometimes begins with an offended social media publish by the President. The President posts an irate rant on Fact Social, and rapidly, the wheels are in movement. The DOJ, the EEOC, the FCC–they’re all levers at Trump’s disposal and he yanks on them with out pondering. On this state of affairs, he has thrown himself at a formidable opponent. Anybody who has tangoed with Disney’s banc of attorneys is aware of they’re in for a battle that can go away them bloody regardless of who wins.

In current months, we’ve seen CBS fall into the lure of censorship, nevertheless it doesn’t look precisely just like the sort of censorship we’d anticipate from locations like North Korea (the place watching Kdramas can get you executed). From distant, it merely seems to be like a brand new proprietor putting in his cadre of producers and expertise, whereas removing these he doesn’t like. Nevertheless it’s vital to remember that the FCC, too, performed a task in CBS’s present programming: it reopened an investigation into CBS when CBS wanted as little hostile scrutiny as attainable–through the Paramount-Skydance merger overview. Recall, too, that simply days earlier than this merger was authorised, Paramount settled its lawsuit with Trump by agreeing to pay him $16 million.

Thus, even when the FCC finally loses, Trump nonetheless wins. As a result of what occurs when Trump targets a extra weak prey? Disney might properly come out the victor on this struggle, however what of all those that caved as a result of they merely couldn’t afford to struggle in any respect? Or all those that bent the knee as a result of they didn’t share Disney’s conviction? Or those who determined their integrity wasn’t definitely worth the headache?

That is how authoritarianism crops its seeds whereas nobody is paying consideration–not solely when the Goliaths duke it out with considered one of Trump’s stooges, however when all of the little guys wave the white flag. Whether or not it’s Disney, CBS, or the anonymous affiliate broadcaster out in center America, any such strain influences what we watch, and what we watch, what we take heed to, what we “click on on”–all of these issues form the conversations we have now on the dinner desk, on the water cooler, in Pilates class. And people conversations? They form our ideas and views, and our ideas and views find yourself within the poll field. And that poll field interprets immediately into coverage, and coverage kinds the muse of energy.

A wholesome democracy is constructed on a single premise: energy belongs to the folks.

Which implies we should keep in mind: the folks have the facility to offer it away.

Wishing you all the very best,
-Joanne

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