Disney’s ABC is asking federal judge to stop the Federal Communications Commission from conducting an early review of eight broadcast licenses, arguing that the process was launched in retaliation for the network’s coverage and other content criticized by the Trump administration. According to CBS article, during a roughly two-hour hearing Tuesday in Washington, D.C., ABC attorney Beth Wilkinson argued that statements from President Donald Trump and FCC Chair Brendan Carr show the network is being targeted for exercising its First Amendment rights.
The eight licenses were originally not scheduled for renewal until between 2028 and 2031. mxdwn previously reported how the FCC ordered the stations, which are owned by ABC and its parent company, to submit early renewal applications in April.
ABC argued that the review is already affecting editorial decisions. Wilkinson said The View has changed how it selects clips when covering political subjects. She also pointed to Jimmy Kimmel (Jimmy Kimmel Live!, The Man Show) posting his interview with Democratic Texas Senate candidate James Talarico on YouTube instead of airing it on the network as another example.
Wilkinson described Trump’s July comments criticizing ABC and NBC for not broadcasting one of his speeches as a “direct threat.” She argued that forcing ABC to wait for a decision on its licenses creates uncertainty that could continue influencing the network’s editorial choices.
The CBS report notes the Justice Department, which is defending the FCC, disputed ABC’s claims about the reason for the early review. Government attorney Dimitar Georgiev-Remme said the process began because Disney did not adequately respond to an FCC investigation into the company’s diversity, equity and inclusion practices.
Much of Tuesday’s hearing focused on whether ABC can challenge the FCC process in federal district court. The Justice Department argued that ABC must first appeal an unfavorable decision to the full FCC before taking the dispute to a federal appeals court. ABC maintains that its retaliation claim falls outside that normal process and requires more immediate intervention.
U.S. District Judge Loren AliKhan questioned the government about what other legal methods the FCC could use to obtain information from ABC for its anti-discrimination investigation. When the Justice Department could not immediately provide an answer, AliKhan ordered the government to submit additional briefing on the issue by October 9.