ABC Seeks Court Injunction to Halt FCC License Review, Claims Retaliation by Trump Administration
ABC files lawsuit against FCC's early license review, alleging retaliation over content. Legal battle unfolds in D.C. court.
POLICY WIRE — Washington, D.C. — Disney’s ABC has filed a legal motion with a federal judge to halt the Federal Communications Commission’s (FCC) early review of its broadcast licenses, claiming the regulatory action is an act of retaliation for content that displeased the Trump administration.
The network argued during a two-hour hearing in Washington, D.C., that statements from former President Donald Trump and FCC Chair Brendan Carr revealed the real motivation behind the agency’s unprecedented move in April, which required eight ABC-owned TV stations to submit their license renewal applications years ahead of schedule.
Originally, the licenses were set for renewal between 2028 and 2031. ABC attorney Beth Wilkinson contended that the FCC is using its authority to suppress the network’s First Amendment-protected speech, comparing the situation to being forced to sit with [its] head on a guillotine while awaiting a decision. She also warned that the regulatory pressure is already affecting editorial choices, potentially leading to the revocation of ABC’s licenses.
Wilkinson highlighted a July speech by Trump, in which he criticized ABC and NBC for not broadcasting his remarks and called for their licenses to be revoked. She described this as a “direct threat” to her client, while emphasizing that while public opinion may differ with ABC’s coverage, the public deserves access to diverse viewpoints.
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The Justice Department, representing the FCC, claims the early license review was prompted by Disney’s failure to adequately respond to an ongoing investigation into its diversity, equity, and inclusion practices. Attorney Dimitar Georgiev-Remme stated that the FCC sought the early renewal to obtain necessary information, but ABC argues that the retaliatory nature of the action falls outside the standard regulatory process.
ABC maintains that it has no legal recourse to challenge the FCC’s actions through the usual appeal channels, as the company would have to first go through the full commission before seeking judicial review. The network also cited internal changes in how it covers political topics, such as adjustments in the selection of clips on The View, and noted that comedian Jimmy Kimmel chose to post an interview with a Democratic candidate online rather than air it on ABC.
U.S. District Judge Loren AliKhan, a Biden appointee, expressed skepticism about the government’s claim that the FCC initiated the early license review to gather more data for its anti-discrimination probe. When asked about other legal tools available to compel ABC to provide information, Georgiev-Remme could not immediately answer, prompting the judge to request a follow-up brief by October 9.
Reporting by Policy-Wire (PW)
