ABC files First Amendment lawsuit against FCC over early license review
Disney-owned ABC asks a federal court to halt the FCC’s accelerated review of eight station licenses, alleging retaliation for its speech.
By Hana Yoshida · Markets Reporter
3 min read
Disney-owned ABC has filed an ABC FCC First Amendment lawsuit in federal court, seeking to stop the agency’s accelerated review of licenses held by eight ABC-owned stations. The case puts the network’s claim of government retaliation over its programming against the FCC’s assertion that it is enforcing broadcasters’ public-interest obligations.
ABC and Disney filed the case on Aug. 18 in U.S. District Court for the District of Columbia, according to NBC News and CNBC. The companies want the court to block FCC action, or threatened action, connected to the stations’ early renewal applications while the case proceeds.
What is ABC asking the court to block?
ABC is seeking a temporary restraining order and a preliminary injunction aimed at pausing the FCC’s early-renewal process, Variety reported. FindLaw reported that the requested injunction would also bar the agency from using its regulatory authority to control editorial choices or programming at the ABC stations.
ABC alleges that the administration, acting through the FCC, has targeted the company because it disapproves of ABC’s journalism, late-night programming and other editorial decisions, NBC News reported. Those are allegations in the complaint, not findings by a court.
The disputed licenses cover eight Disney-owned and operated television stations. The FCC ordered the stations to submit renewal applications in late April, years before their normal schedule; their licenses were otherwise not due for renewal until 2028 at the earliest, according to NBC News.
Broadcast stations need FCC licenses to use public airwaves. A renewal proceeding is the agency’s review of whether a station should retain that authority. No court decision in the lawsuit, or final FCC decision on the licenses, was reported in the available accounts.
Why did the FCC begin the early renewal process?
The FCC has said its review concerns claims of illegal diversity, equity and inclusion discrimination and broadcasters’ obligation to operate in the public interest, according to an agency spokesperson quoted by NBC News. CNBC reported that the agency had cited concerns about Disney’s DEI practices when it began the early renewal process.
The licensing dispute followed separate clashes involving Jimmy Kimmel’s late-night program and ABC’s daytime show, The View. Variety reported that the FCC also examined whether The View complied with equal-time election rules after a Texas Senate candidate appeared on the program in February.
FCC Chairman Brendan Carr told NBC News that he viewed the lawsuit as meritless and said the commission had not made a final licensing decision. In comments reported by CNBC, an FCC spokesperson said the agency would follow the facts and the law.
ABC previously submitted the early renewal applications under protest, describing the FCC order as unlawful, arbitrary and unconstitutional, CNBC reported. The new suit asks a judge to intervene before the commission takes further action on those applications.
This story draws on original reporting from CNBC.