ABC Sues FCC, Alleges Retaliation Over Network’s Editorial Coverage

ABC and parent company Disney sued the Federal Communications Commission on Tuesday, alleging the agency is using an early review of eight ABC station licenses to retaliate against the network over programming and editorial decisions disliked by the Trump administration.

The lawsuit, filed in U.S. District Court in Washington, D.C., accuses the FCC of violating the First Amendment and asks a judge to stop the agency from moving forward with the early license renewal proceedings. ABC is also seeking a temporary restraining order and preliminary injunctionpreliminary injunctionA preliminary injunction is a temporary court order issued before a case is finally decided that requires a party to take or stop an action while the litigation continues. Federal courts generally consider the likelihood of success, irreparable harm, the balance of equities, and the public interest before granting one.Read more → while the case is considered.

ABC claims the administration has targeted the network since returning to office and that the pressure has escalated from public criticism of its programming to calls for its broadcast licenses to be revoked. The complaint points to criticism involving programs including "Jimmy Kimmel Live!" and "The View," along with ABC's decision not to air President Donald Trump's prime-time address last month.

FCC Chairman Brendan Carr ordered the early renewal reviews in April as part of an agency investigation into allegations that Disney's employment and diversity practices violated federal nondiscrimination requirements. The FCC has said broadcasters are required to operate in the public interest and comply with equal employment opportunity rules.

ABC disputes the agency's stated rationale. The network claims the employment investigation and license proceedings are being used as regulatory pressure because of programming choices and news coverage that have drawn criticism from Trump and Carr.

The First Amendment generally bars the government from punishing a person or organization because officials disagree with protected speech. That protection can apply even when the government has separate authority to regulate an industry. A federal agency may enforce laws and licensing requirements, but it cannot use those powers to penalize a regulated company because of its viewpoint or editorial choices.

That distinction is central to ABC's case. The network is not arguing that the FCC lacks authority to review broadcast licenses or enforce employment rules. It claims the early review is unconstitutional because the agency's regulatory authority is being used in response to ABC's speech. The FCC maintains that its actions stem from its investigation into alleged discrimination and its responsibility to determine whether broadcast licensees are complying with federal requirements.

The eight ABC-owned stations were ordered to submit renewal applications earlier than they normally would have been required to do. ABC previously asked the commission to dismiss the proceeding, arguing that the unusual timing and surrounding statements from administration officials showed that the review was motivated by the network's editorial decisions.

An FCC spokesperson rejected that characterization Tuesday, saying broadcasters, including Disney, have a legal obligation to operate in the public interest. The agency said it has been examining allegations involving Disney's diversity practices for more than a year and will continue to follow the facts and the law.

U.S. District Judge Loren AliKhan on Tuesday directed ABC and the FCC to propose a schedule for considering the network's request for a temporary restraining order. The judge also ordered the FCC to notify the court if the agency moves to begin a proceeding that could lead to revocation of the ABC station licenses.