WASHINGTON, D.C. — An alliance of educators, media freedom advocates, pro-democracy organizations, and Disney shareholders sent a demand letter today invoking Delaware law to seek transparency about ABC’s decision to suspend Jimmy Kimmel, including answers about why his show has not returned in all markets.

The letter, on behalf of Reporters Without Borders (RSF), Democracy Defenders Fund (DDF), and the American Federation of Teachers (AFT), requests the production as required under Section 220 of the Delaware Code of internal Disney documents and communications related to the decision to remove Kimmel from the air.

The groups seek answers about whether Disney was involved in any wrongdoing in relation to the Kimmel suspension. The sudden disruption of a major late-night show, followed by its return, has sparked concerns about whether Disney violated its fiduciary duties to its shareholders by capitulating to government pressure.

Last night, President Trump made these concerns even more timely, saying, “I think we’re going to test ABC on this. Let’s see how we do. Last time I went after them, they gave me $16 Million Dollars.”

With the Nexstar–Tegna merger currently pending before the FCC, the letter urges swift action to produce the relevant materials and makes clear that all legal options by Disney shareholders remain on the table. The letter states that options include “a request for permission to file a derivative lawsuit on Disney’s behalf in the event that members of the Board or Disney executives did not properly discharge their fiduciary duties.”

"Despite Jimmy Kimmel's return to late night, this affair is far from over. The FCC continues to threaten media organizations over content it doesn't like and, in the case of Kimmel, dozens of affiliates are still refusing to air his  show,” said Clayton Weimers, Executive Director of RSF USA. “The public needs to know how government actions toward the media unfolded in this instance,  so we can stop this reckless assault on the First Amendment from going any further."

“Disney shareholders deserve the truth about exactly what went down inside the company after Brendan Carr's threat to punish ABC unless action was taken against Jimmy Kimmel,” said AFT President Randi Weingarten. “The Disney board has a legal responsibility to act in the best interests of its shareholders—and we are seeking answers to discover if that bond was broken to kowtow to the Trump administration.”

“Pulling Jimmy Kimmel off the air was a mistake: one that betrayed principles of free speech and American democracy,” said DDF’s executive chair Norm Eisen, counsel for AFT and RSF. “And while it was great to have him back on most ABC affiliates, about 25% of them did not carry his return. We are seeking answers about all of this, including whether Disney bowed down to illegal government demands in order to facilitate approval of the Nexstar-Tegna merger currently before the FCC.”

“A bedrock of the United States and the key to our survival as the world's oldest democracy is freedom of speech,” said Robbie Kaplan, counsel for AFT and RSF, of Kaplan Martin LLP. “The government cannot and should not threaten to punish someone simply because it does not like what they have to say. And while large media companies have been at the front lines, they too should not succumb to unconstitutional threats or blackmail. ABC was the network to run the series Schoolhouse Rock more than fifty years ago. Its leadership should pay attention to the important lessons it taught, particularly in the episodes ‘The Preamble’ and ‘No More Kings.’”

Counsel who signed the letter include Christopher J. Clark of Clark Smith Villazor LLP, Roberta A. Kaplan of Kaplan Martin LLP, and Norm Eisen of DDF.

You can read the letter here.

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