Sports radio talent contracts have always been a double-edged sword. Early in a career, they are something to strive for. Once signed, however, they can feel restrictive, limiting freedoms once available as a general employee.
But hey, that ratings bonus that isn’t achievable and digital bonus look nice. In lieu of an actual raise—which is guaranteed money for your work in sports radio. Here’s a carrot on a stick to keep you running.
Last week’s events should serve as a wake-up call for both the nation and the sports radio industry. Disney’s decision was a reaction to government pressure, not to what Jimmy Kimmel actually said. Why was the company able to act? Because broadcast contracts contain provisions that allow it. Sports radio talent should pay close attention.
Let’s not mistake what happened last week with the FCC, Disney, Nexstar, Sinclair, and Kimmel.
The freedom of free expression everywhere, including sports radio, is being tested. What Jimmy Kimmel said was factually incorrect. Have you ever seen a State of the Union speech on any broadcast network in your lifetime? Lots of incorrect statements are made on both sides of our political aisle, but the FCC chair has never threatened networks to censor that.
The FCC licenses local broadcast stations in television and radio. Sports radio is not cable, satellite, or streaming, despite some companies promoting their apps more than their air signals.
Did Disney have the right to act? Yes. Most contracts allow it. Was Kimmel’s comment truly beyond the line? That depends on whom you ask. But the question for sports radio talent is clear: would your contract protect you in a similar situation?
So, I took a look at my old iHeartMedia contract to see.
Examine Your Contract
I signed a contract extension to remain the program director of WDAE and WFLA in Tampa, FL, back in February of 2023. It was, I believe, my fourth or fifth contract with the company I was proud to represent. The agreement kicked in on September 1, 2023, and would expire on August 31, 2026. A three-year deal cut short because I was part of the company’s reduction in force last November.
I have no regrets for my time at iHeartMedia, and revealing this data is not in any way a method of exposing the inner workings of the company. It’s just what I signed, and my superiors entrusted in me. Sports radio is my passion, and this was an opportunity to continue to work in it.
In my contract, there is a section of the agreement simply labeled TERMINATION. Big bold letters, and yes, all in caps for effect, I’m sure. Looking at Section 8, item (c) in my agreement, it lists the reasons why “Company” may terminate employment with or without cause. “Cause” means the following, as determined by “Company” in its sole discretion.
There are ten items listed under this section in my former contract with iHeartMedia, with one that stood out to me in the wake of what happened last week to Jimmy Kimmel.
Item nine states:
An act or failure to act which threatens the qualification of the Company Group to maintain a broadcast license issued by the Federal Communications Commission (“FCC”), or which results in a violation of any Federal Trade Commission (“FTC”) or FCC rule or regulation, including but not limited to any utterance on the air that is obscene, indecent, or profane as determined by Company, or by a court upon review of a ruling from the FCC; or
Item nine bleeds into item ten:
Making disparaging oral or written statements while on air or performing duties on behalf of Company regarding the Company Group, including without limitation their officers, shareholders, or management team, or making disparaging oral or written statements regarding the Company Group’s clients, sponsors, or advertisers, or Employee acting in a tortious manner toward another co-worker, listener, client, sponsor, or advertiser.
This kind of covers all the bases, doesn’t it? Seems very legalese, but it allows the Company (your employer) the right to not stand by you no matter what you may say, no matter how harmless it may seem. Your employer can fire you for the same exact reasons that Disney acted with Kimmel.
Don’t believe me? Check your contract.
Setting a New Standard
Jimmy Kimmel said what he said. The FCC, as we know it today, led by Chairman Brendan Carr, considered those comments enough to “threaten” the qualification of the company (Disney-owned ABC television network stations and their affiliate stations) for license.
“The broadcasters are entirely different than people that use other forms of communication,” stated Carr on the Benny Johnson podcast. “They have a license granted by us at the FCC and that comes with an obligation to operate in the public interest. We can get into some ways that we’ve been trying to reinvigorate the public interest and some changes that we’ve seen. But frankly, when you see stuff like this, I mean, we can do this the easy way or the hard way. These companies can find ways to change conduct and take action—frankly on Kimmel—or there’s going to be additional work for the FCC ahead.”
Why wouldn’t this happen in sports radio? What if a potential Audacy and Cumulus merger needed government approval under the Trump administration. Then a talent from either company gets the attention of the president for saying something similar to what Kimmel said. Or if Patrick Mahomes began taking a knee on the field. Possibly LeBron James wears a t-shirt in warmups sending a message about a social or political issue going on in America.
Check the contract. Even if you host a show in sports radio, you are not protected. Business is more important than any employee on any station or network. With Kimmel, the words are written, approved, said, recorded, and approved in post production taking upwards of hours. Sports radio talent (in most cases) has a delay less than 30 seconds to determine content approval.
Heed the Warning
History provides examples. The events of Jimmy Kimmel being pulled from ABC television is a wake-up call for sports radio talent. The words you say both on air and online are not as protected any longer as you may think they are. It’s clear that broadcast companies are more concerned about their bottom line than any employee they sign.
The government body in charge of regulating the broadcast station you work for is now in the business of censoring speech and talent by putting pressure on the stations they license. Remember, the easy way or the hard way. This includes sports radio too.
Your contract from your company is a double-edged sword. Sports radio, this is not just a wake-up call to look inward at your content, but also a warning to your future.
In the end, that’s business.
Barrett Media produces daily content on the music, news, and sports media industries. To stay updated, sign up for our newsletters and get the latest information delivered straight to your inbox.
John Mamola is Barrett Media’s sports editor and daily sports columnist. He brings over two decades of experience (Chicago, Tampa/St Petersburg) in the broadcast industry with expertise in brand management, sales, promotions, producing, imaging, hosting, talent coaching, talent development, web development, social media strategy and design, video production, creative writing, partnership building, communication/networking with a long track record of growth and success. He is a five-time recognized top 20 program director in a major market via Barrett Medi’s Top 20 series and has been honored internally multiple times as station/brand of the year (Tampa, FL) and employee of the month (Tampa, FL) by iHeartMedia. Connect with John by email at John@BarrettMedia.com.
ABC did the right thing. Kimmel was a mediocre talent at best and spent time in every show to sow hatred and untruth. His hateful monolog abt Kirk and MAGA was the straw on the camels back. ABC/Disney was hemorrhaging money and his “comedy” far from funny. Free speech? It’s our right. Consequences are the price for not using it wisely.
Sheila, always appreciate your read. This was not an opinion on Kirk or Kimmel. This was an opinion on a shift in how broadcasters should view their approach to content. Because of the actions taken last week, it shows there’s now less protections and more pressure on censoring than ever.
This is not a debate on who has talent and who doesn’t. There’s a lot of people that would say Kimmel is the best at his craft. There’s also a lot of people who says he stinks. It’s not about the opinion of who has talent and who doesn’t, it’s about the new standards set from the actions taken last week. Always appreciate your perspective and the conversation.