WASHINGTON, D.C. – ABC and its parent company, Disney, have sued the FCC on First Amendment grounds. This is the latest escalation in a battle between the agency and the company following the agency’s announcement they’ll do an early review of their broadcast licenses. According to the suit, the company claims the agency’s investigation into the company is a “retaliatory campaign” which has been critical of President Donald Trump.
The company alleged that “the administration has attacked ABC’s speech- the stories its journalists report and the viewpoints its network programs air” adding that over time, “those attacks have escalated into express demands that ABC be stripped of its broadcast licenses because of its speech.” The company said facing this existential threat they have no choice but to seek redress from the judicial branch for the administration’s blatant retaliation for their First Amendment speech.”
Months ago the FCC announced they would review broadcast licenses owned by ABC way before they are set to expire. The agency said they are looking into claims that Disney engaged in illegal DEI discrimination but the announcement came shortly after Jimmy Kimmel, an ABC late-night host, made comments that upset the President.
“So essentially the FCC has been engaged in a consistent pattern to punish and pressure various broadcasters when broadcasters are speaking in manners the current administration doesn’t like very much,” said David Inserra, a fellow for free expression and technology with the CATO Institute. “You’ve seen this with Jimmy Kimmel, you can see this with The View, you see it with the reporting around the conflict with Iran. You can see it in lots of places.”
The FCC sent us this statement when we asked about their response to the lawsuit: “All broadcasters have a legal obligation to operate in the public interest—even Disney. The FCC has been examining claims that Disney engaged in illegal DEI discrimination for over a year. Disney is obviously very concerned about the FCC’s proceeding, as evidenced by their ongoing campaign of disinformation as well as their decision to ask a court to stop the FCC from further pursuing matters. The FCC will continue to follow the facts and law wherever they lead.”
“The FCC will say they’re acting normally that this is normal business operating according to public interest standard therefore they can enforce anti-discrimination provisions, and they’ll say this is normal,” said Inserra. “Censorship is never normal. What the FCC is doing is saying they have the authority to control what speech platforms can engage in so it’s very convenient how their actions followed immediately after some broadcasters engaged in some speech the current administration doesn’t like.”
The suit is asking the Court to stop the early renewal proceedings, saying that the FCC’s demand to review their broadcast licenses posed an existential threat to their operations.
