Key takeaways:
- The FCC ordered eight ABC-owned stations to seek license renewals years before their scheduled 2028-to-2031 renewal dates.
- ABC alleges the review retaliates against its coverage; the Justice Department says it is tied to Disney’s responses to an employment-practices investigation.
- Judge Loren AliKhan did not rule at Tuesday’s hearing and requested a government brief on other enforcement options by Oct. 9.
ABC asked a federal judge Tuesday to block an early review of eight of its television stations’ broadcast licenses, arguing that the Trump administration is using the process to retaliate against the network’s coverage and influence its editorial decisions. The government says the review is part of an investigation into Disney’s employment practices, not its programming.
At a roughly two-hour hearing in Washington, lawyers for ABC and its parent company, Disney, challenged the Federal Communications Commission’s April order requiring the stations to apply for license renewals years ahead of schedule. The licenses were originally due for renewal between 2028 and 2031. ABC, Disney and their station group sued the FCC in August.
“They are retaliating with their government power to stop ABC from exercising their protected First Amendment speech,” ABC attorney Beth Wilkinson told U.S. District Judge Loren AliKhan. She called the agency’s actions “blatant violations of the US constitution” and said the pending review was already chilling editorial decisions.
Wilkinson cited a July White House speech in which President Donald Trump criticized ABC and NBC for not broadcasting his remarks and called for their licenses to be revoked. She described his comments as a “direct threat.” ABC also pointed to statements by FCC Chair Brendan Carr about the network’s licenses, including a July remark that ABC’s decision not to carry the speech on its television channel could factor into the investigation.
“Our editorial decisions are being affected right now,” Wilkinson said. According to The Guardian, ABC has said it stopped booking politicians on “The View” and put Trump’s July speech on its streaming platform to avoid antagonizing the president. CBS News reported that Wilkinson said “The View” had changed how it selects clips. She also cited a Jimmy Kimmel interview with Democratic Texas Senate candidate James Talarico that was posted on YouTube rather than aired on the network.
Justice Department attorney Dimitar Georgiev-Remme, representing the FCC, said Disney had “refused to adequately respond” to an investigation into its diversity, equity and inclusion practices. The commission called for early renewals to obtain information it needed, he said. According to The Guardian, he described the renewal process as a tool to expedite the inquiry and said the FCC could end it early if ABC satisfied its document requests. He disputed that the order had changed ABC’s editorial decisions.
Much of the hearing focused on whether AliKhan’s court can hear the case. The government argued that ABC must first appeal through the FCC and then, if it receives an adverse decision, go to a federal appeals court. ABC argued that its retaliation claim falls outside that process and that it needs relief now, even if the licenses are ultimately renewed.
AliKhan questioned why the FCC sought early renewal applications for all eight stations rather than use other means to obtain documents. She asked the government to identify other available enforcement tools in a brief due Oct. 9. The judge ended the hearing without ruling, saying she would take the matter under advisement.
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