FCC Seeks Dismissal of ABC First Amendment Lawsuit

The Federal Communications Commission asked a federal court in Washington to dismiss a First Amendment lawsuit filed by American Broadcasting Company and its parent company, The Walt Disney Company. The network sued on August 18 to block an unusual early license renewal review of eight local stations in major cities, including New York, Los Angeles, and Chicago.

American Broadcasting Company alleges the agency is conducting a retaliatory campaign of pretextual regulatory investigations to punish the network for programming criticized by President Donald Trump. The network specifically cites Trump's demand that it fire late-night host Jimmy Kimmel, as well as the network's decision not to air a live presidential address. The broadcaster argues the public interest standard for licenses is being weaponized to facilitate political censorship.

The commission, led by Chairman Brendan Carr, denies these claims and argues the lawsuit is premature because it has not yet moved to revoke any licenses. The agency maintains the early reviews were triggered by the network's deficient response to an investigation into diversity, equity, and inclusion hiring practices and alleged unlawful employment discrimination.

Judge Loren L. AliKhan of the U.S. District Court for the District of Columbia has scheduled a hearing for the week of October 5 to determine if the regulatory actions are legitimate oversight or unconstitutional retaliation.