Punished For Retroactive Bad Taste

     There was a time when you didn't mess with The Mouse.  Used to be, if legislators started talking about the need for copyright reform, you knew one or more of the copyrights covering a certain famous animated cartoon rodent and his pals was about to expire.

     Back when every major TV network changed hands and ended up belonging to one huge corporation or another,* Disney got hold of ABC.  They've never let go.

     And they had deep pockets.  TV networks in the United States own only a few of the stations that carry them, with the remained being independently-owned "affiliates."  ABC's got seven stations that are all theirs at present.  And in the U.S., the FCC regulates stations: anyone using up over-the-air RF spectrum has to have a license.  Networks themselves don't get a lot of FCC regulatory interaction; the individual stations do have to promise to be honest and fair, friendly and helpful, considerate and caring, courageous and strong, and responsible for what they say and do, and to respect themselves and others, respect authority, use resources wisely, make the world a better place, and....  No, wait,  that's Girl Scouts; but the FCC regs for broadcast stations are almost the same thing, plus a pile of technical stuff.

     ABC was a latecomer among radio networks; NBC had "Red" (primo stuff) and "Blue" (B-grade, things they were trying out, some highbrow shows that didn't make a profit) networks serving different stations and went into WW II under an anti-trust cloud because of it.  Once the war was over, Uncle Sam made 'em sell one off, and of course it was Blue that went.

     A candy company bought it up and eventually changed the name from "Blue" (c'mon, the word already had that connotation) to ABC, the kid brother of networks, gamely charging after the older, larger NBC and CBS (and Mutual), doing their best to keep up.  The first two were already into TV and as television bloomed, ABC leapt in after them, underfunded, scrappy, willing to try almost anything.  (After a few experiments, including developing Meet The Press, Mutual stuck with good, dependable radio.  They're gone now.)

     ABC remained the upstart network for decades, until Fox (entertainment, not News) came along and showed there were realms of edginess yet to be explored.

     And with that as background, their evening talk-show host Jimmy Kimmel, a few days before the White House Correspondents Dinner, made a tasteless joke about the First Lady and how she'd look at the dinner, referencing the 23-year age gap between her and Mr. Trump (and perhaps her usually-serious expression): he said she had "a glow like an expectant widow."

     It's funnier if you don't see public figures you dislike as quite human.

     It's not funny in hindsight after a guy apparently tried to make her a widow at the dinner.

     It's much less funny if you react in an all-too-human way: the Trumps aren't laughing.  FCC Chairman Brendan Carr, who has crossed swords with Kimmel and ABC once already, and blinked, announced the handful of TV stations directly owned by ABC are now up for license renewal, well ahead of schedule.  They've got thirty days to get their paperwork together and filed (and there's rather a lot of it). and they're going under the microscope.

     This is bureaucracy-as-punishment, and it is punishment not so much for a crass joke but for failing to predict the future when the joke was told.  It's a clear violation of the First Amendment, which protects even cruel and insensitive speech.

     The Mouse still has deep pockets, and though they have, finally, let the earliest version of their well-loved Mickey slip out from beneath copyright protection, Disney may decide to fight this one out; knuckling under will just get them more of the same, and the burden is likely to be laid more heavily on them than the three other major networks.  Or they may try judo: those "O&O" TV stations represent the smallest part of ABC's income; running them, mostly in major metropolitan areas, is more for prestige and ready access to newsmakers and they could easily sell them off and stand back, largely insulated from the wrath of Chairman Carr and the President he serves.
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* Arguably, when General Electric bought RCA, NBC wasn't their main interest: RCA had a nice collection of lucrative government contracts, including plenty with the Department of Defense, plus an array of patents to warm the cockles of shareholder's hearts -- or wallets.  Nevertheless, GE held on to the network through some years of David Letterman ribbing that kept the company name front and center, before selling it off and making money on the deal.