ABC Claims FCC Targeted Its Broadcast Licenses to Shield Conduct From Court Review

In a recent filing, ABC argued that the Federal Communications Commission’s demand for early license renewals on its eight owned-and-operated stations was a calculated move to bypass judicial review and suppress the broadcaster’s First Amendment rights.

The lawsuit, originally filed on August 18 against the FCC and Chairman Brendan Carr, asserts that the agency is waging an “extraordinary assault” on ABC through the implicit threat of revoking broadcast licenses. The FCC maintains that the order stems from an ongoing investigation into alleged diversity, equity, and inclusion employment practices at Disney and ABC.

During a hearing on October 6, Judge Loren AliKhan of the U.S. District Court for the District of Columbia directed the FCC to provide additional details regarding alternative methods for compelling discovery in the DEI probe, aside from the early renewal demand.

Responding to the FCC’s submission, ABC contended that the agency admitted there are “a number of different tools” available to address the alleged discovery deficiency. The network stated that these alternatives are not merely theoretical but have been utilized by the agency for decades. Instead of employing these less intrusive measures, ABC claims the FCC took the unprecedented step of demanding early renewals for all eight stations simultaneously.

“Defendants’ own admissions leave no doubt as to why — Defendants sought to inflict maximal coercive pressure on the media company whose speech the Administration sought to curb, while deliberately evading judicial review,” the filing read.

The FCC had explained to the court that utilizing administrative subpoenas or monetary forfeiture orders to force document production would require the Trump administration to seek enforcement in federal court. ABC argued that this open acknowledgment of judicial review as an obstacle confirms their position that shielding the campaign from court scrutiny is a central part of the retaliatory strategy.

Furthermore, ABC highlighted that the FCC omitted other available remedial tools, such as cease-and-desist orders, formal or informal warning letters, and the ability to negotiate consent decrees with the broadcaster to resolve enforcement matters. A ruling is anticipated once the court has reviewed the supplemental filings.