ABC files First Amendment lawsuit against FCC
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ABC on Tuesday filed a lawsuit against the Federal Communications Commission, arguing the agency has violated its First Amendment rights by retaliating against the broadcaster for its editorial decisions.
Why it matters: It's a major escalation of ABC's fight with the FCC, which it argues is motivated by broader efforts to silence a free and independent press.
Zoom in: The lawsuit, filed with the U.S. District Court for the District of Columbia, argues that in ordering an accelerated review of ABC's local station broadcast licenses, the administration "has waged a retaliatory campaign against ABC for a single reason: it disapproves of what ABC broadcasts."
- It points to statements made by FCC chairman Brendan Carr that suggest the administration has not been shy about openly coercing ABC into changing its programming.
- It cites an incident last month in which Carr said ABC's decision not to broadcast the president's Oval Office address was likely to be raised during its early review of ABC's broadcast licenses.
- The network is seeking an injunction, asking the court for a temporary restraining order to stop the FCC from moving forward with its early license-renewal proceedings.
The other side: A spokesperson for the FCC said in a statement, "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," they said. "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."
Between the lines: In recent months, ABC has fired back at the FCC, and has pointed to the thousands of public comments filed to the agency in defense of the broadcaster as evidence that Carr is committed to politics over the public's consensus on the broadcaster's First Amendment rights.
- It's also slammed the agency for targeting late-night and daytime talk shows, like ABC's "The View," for news interviews with political candidates.
Zoom out: ABC's lawsuit and its parent company Disney's aggressive defense of its First Amendment rights mark a notable departure from its previous effort to acquiesce to political pressure from the president a few years ago.
The big picture: ABC is the latest in a string of broadcasters to file lawsuits against the administration for targeting media companies with regulatory efforts that they argue are designed to silence critical coverage.
- The Associated Press last year sued three Trump administration officials for blocking its reporters' access to events like Oval Office meetings and Air Force One press pools, citing a violation of its First Amendment rights. That case is ongoing.
- NPR and PBS both sued the Trump administration last year arguing its executive order to cut federal funding for public broadcasters violated their First Amendment rights.
- The New York Times has also filed federal suits against his administration. A federal judge earlier this year ruled the Pentagon's restrictions on journalists were a First Amendment violation.
Editor's note: This story was updated with comment from the FCC.
