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ABC fights early renewals
Disney and ABC sued the Federal Communications Commission in U.S. District Court in Washington to block an early review of licenses for eight ABC stations, arguing the Trump administration is trying to punish the network over its broadcast content.
“Disney (DIS.N) and its ABC unit sued the Federal Communications Commission on Tuesday to block an early review of licenses for eight ABC stations”
The lawsuit asks the court to stop the FCC’s early renewal proceedings and to prevent the agency from scheduling a hearing, with Disney and ABC saying the public comment period ended earlier this month and the FCC could act at any time.
The FCC ordered the early review in April, even though the stations’ license renewals were not scheduled to be considered before October 2028, and Reuters reported that the FCC had not ordered an early review in more than 50 years before April.
In the case, U.S. District Judge Loren AliKhan issued an order directing the company and the FCC to propose a schedule for considering the request for a temporary restraining order and told the agency to notify her if it moves to start the process of revoking the ABC licenses.
Reuters also reported that the FCC said the move stemmed from a year-long investigation into whether Disney’s diversity policies amounted to unlawful discrimination, an allegation the company denies.
First Amendment claims and FCC
ABC and Disney framed the dispute as retaliation for programming, with the lawsuit alleging the FCC was seeking to coerce and retaliate against "a network that refuses to bow to the administration's demands" and calling the agency’s actions an "extraordinary assault on free speech."
The network also argued that the FCC was using regulatory power to retaliate for programming and editorial decisions the administration dislikes, and Reuters reported that the court case would be a key test of free speech rights.
FCC Chairman Brendan Carr defended the agency’s approach by saying broadcasters have a duty to "operate in the public interest," and he told Fox Business Network that broadcasters have "subsidized access" to the airwaves in exchange for operating in the public interest.
Democratic FCC Commissioner Anna Gomez praised the lawsuit, saying in a statement that "For months, the FCC has waged a campaign of censorship and control against Disney’s ABC stations" and that it used the threat of broadcast license revocations to punish speech the administration doesn’t like.
Reuters reported that an FCC spokesperson said all broadcasters have a legal obligation to operate in the public interest and noted the agency’s ongoing investigation into Disney’s diversity practices.
What’s at stake next
Disney and ABC asked the court to issue a temporary restraining order halting the license renewal proceedings and preventing the FCC from scheduling a hearing, warning that the FCC could act at any time after the public comment period ended earlier this month.
“"the press could in no way be described as free"”
Reuters reported that U.S. District Judge Loren AliKhan directed the parties to propose a schedule for considering the request for a temporary restraining order and required the FCC to notify her if it moves to start the process of revoking the ABC licenses.
The lawsuit also described broader consequences for media companies, with ABC alleging in its filing that "the message to every media company in the country will be unmistakable" and that "the press could in no way be described as free."
CNN reported that the FCC is also investigating ABC daytime talk show "The View" over an alleged violation of "equal-time," and Disney’s lawsuit said no political candidate has appeared on the show since February 2.
Reuters added that the FCC’s review is tied to a year-long investigation into Disney’s diversity policies, and it said the FCC ordered the reviews in April after Trump urged ABC to fire late-night host Jimmy Kimmel.
