ABC Sues FCC Under First Amendment

• Disney’s ABC on Tuesday filed suit against the FCC, alleging that its early review of its broadcast licenses is unconstitutional under the First Amendment. ABC also accused the FCC of waging a “retaliatory campaign” against them because the Trump administration disapproves of its programming.

In a separate filing, ABC also sought a temporary restraining order against the FCC’s renewal efforts as well as a preliminary injunction.

Disney has recently grappled with unorthodox pressure from the Trump administration. The FCC, led by Chairman Brendan Carr, recently ordered Disney to file for renewals for eight of its stations years ahead of schedule. In filings, Disney has said its applications were made “under protest in response to an unlawful, arbitrary, and unconstitutional order.”

In a statement, Disney said, “With the threat of non-renewal or revocation of its Stations’ broadcast licenses on the line, ABC cannot ignore the consequences of any decision that might anger the Administration or the FCC Chairman.”

During a recent interview, Disney CEO Josh D’Amaro said the company was prepared to battle the government, stating, “We’re going to stand up to what we believe is journalistic integrity, and we’re not going to be told how to run that side of our business.”

Anna Gomez, the lone Democratic Commissioner on the FCC, applauded Disney’s effort in a statement, noting, “I have long called on companies to push back against this kind of government intimidation, and I’m glad Disney has shown courage and stepped up. This should be a welcome sign for every broadcaster who has felt the weight of this overreaching government pressure in silence,” adding that she was “hopeful” the ABC suit would “mark the beginning of the end of this administration’s disregard for the Constitution and the law, and that the coming months will bring the costly legal defeat this agency has been asking for since it started down this path.”

More details are available in Variety and The Washington Post.

ABC Sues FCC Under First Amendment