WASHINGTON, D.C. — The Federal Communications Commission and Justice Department have renewed their effort to dismiss ABC’s lawsuit challenging the agency’s early review of licenses for eight Disney-owned television stations.
In the latest filing, the government also asked the court to strike additional evidence ABC submitted in support of its case. The FCC argues that the early-renewal process is tied to its antidiscrimination investigation and that the federal district court lacks jurisdiction over ABC’s claims.
ABC and Disney dispute that account. They argue the accelerated review is retaliatory and violates the First Amendment, pointing to public criticism of ABC programming by President Donald Trump and FCC Chairman Brendan Carr. Those are the network’s allegations; the court has not ruled on the merits.
The licenses remain in effect while the administrative and judicial processes continue. No station license has been revoked, and no final court ruling has determined whether the FCC’s actions were lawful or retaliatory.
The case is significant to broadcasters because it tests the boundary between the FCC’s licensing authority and the editorial protections afforded to television stations under the First Amendment.
Sources: September 28 federal court filings; The Desk; Radio & Television Business Report.