FCC Moves to Dismiss ‘Meritless’ ABC First Amendment Suit

The Federal Communications Commission has asked a federal judge to dismiss ABC’s First Amendment lawsuit challenging the agency’s early review of licenses for eight Disney-owned television stations, arguing the court lacks jurisdiction and that the network failed to establish that the scrutiny was retaliation over its programming. In a Thursday court filing, the FCC also opposed ABC’s request for preliminary relief that would halt the accelerated license-renewal proceedings while the lawsuit plays out. ABC sued the FCC last month, accusing the agency of using its licensing authority to punish the network over programming that has drawn criticism from President Donald Trump and FCC chairman Brendan Carr. The FCC disputed that characterization in Thursday’s filing, maintaining that the early reviews stemmed from an ongoing investigation into allegations of unlawful discrimination in employment practices at Disney and ABC. An FCC spokesperson told TheWrap that Disney filed a “meritless lawsuit” to stop the agency’s investigation into allegations that the company violated the law. “The FCC has developed a voluminous record, and it will continue to follow the facts and the law wherever they lead,” the spokesperson said. “As the FCC’s motion to dismiss shows, Disney filed its meritless case in the wrong court at the wrong time based on erroneous legal and factual assertions.” The FCC also noted that Congress has directed judicial review of commission orders to federal appeals courts and that the U.S. District Court for the District of Columbia therefore lacks jurisdiction over ABC’s challenge. The legal battle stems from the FCC’s April 28 order requiring Disney to submit early renewal applications for its eight ABC-owned stations, even though the licenses were not otherwise scheduled to come up for renewal until 2028 or later. The commission has said the accelerated reviews were necessary as part of its investigation into Disney’s employment practices. The administration has publicly criticized ABC programming, including “Jimmy Kimmel Live!” and “The View,” and said in July that ABC’s decision to limit coverage of Trump’s primetime address on election security would factor into the license review. The FCC said Thursday that those controversies did not prompt its decision to accelerate the renewals, maintaining that its investigation into Disney and ABC’s employment practices began before Carr’s comments about Kimmel, “The View” or Trump’s address. ABC has argued that the license proceedings are themselves causing harm by placing government pressure on the network’s editorial decisions. The network previously told the FCC that the review amounted to an effort to pressure a major news organization over editorial decisions the administration disliked. The FCC further argued that ABC’s lawsuit is premature because the commission has not denied the stations’ licenses or decided whether to refer their renewal applications for a hearing. Carr has maintained that the agency has not reached a decision on the renewals. U.S. District Judge Loren AliKhan is scheduled to hear arguments in the case during the week of Oct. 5. The FCC has agreed to provide Disney with at least 48 hours’ notice before issuing an order referring the ABC licenses for a hearing. A spokesperson for ABC did not immediately respond to TheWrap’s request for comment.