He was last averaging 129K viewers per episode in the 18-49 demographic, I'd say that is a far better "excuse" than a threat from the FCC. As if DIS doesn't have a legion of attorneys. Give me a break.
I really don’t understand this argument that he wasn’t popular as if that’s at all relevant. Aside from the cost of putting the legion of attorneys protecting a show that’s not bringing enough revenue and the fact, there’s a broader risk with the Nexstar merger that requires explicit government approval that the FCC also threatened.
More importantly, his viewership didn’t suddenly change and the cancellation came about pretty clearly as a result of the FCC threat and not any business decision the company would have made otherwise. Not a lawyer but I would think that Kimmel has a 1a lawsuit he could bring against DIS and the government.