Disney, ABC and eight station licensees filed a federal lawsuit seeking to stop an accelerated FCC review of eight ABC-owned stations. The case matters now because an unusually early licensing review has moved into federal court, raising questions about how the FCC may use its authority while respecting press protections.
AP reported that the companies filed the case August 18. Axios identified the court as the U.S. District Court for the District of Columbia, while Bloomberg Law reported the filing in federal court in Washington.
The plaintiffs allege that the review punishes ABC for protected editorial choices and violates the First Amendment. Those claims have not been decided by a court.
Key Facts
The lawsuit challenges an FCC license-review process involving eight ABC-owned stations.
The plaintiffs want a court to prevent further agency action through that accelerated process.
The FCC says it is examining compliance with broadcasters’ public-interest and nondiscrimination obligations.
The agency has not denied or revoked any of the eight licenses.
What the broadcasters are challenging
The FCC ordered early renewal applications for the eight stations on April 28. Early renewal requires a station to seek a new license before its normal renewal date. The stations are in Fresno, Los Angeles, San Francisco, Chicago, New York, Durham, Philadelphia and Houston.
The companies filed the applications on May 28, and the FCC accepted them for initial review. Their licenses ordinarily would not have reached renewal until 2028 or later.
AP and Bloomberg Law reported that the lawsuit asks the court to block further FCC action through the accelerated process. The plaintiffs are seeking an injunction, a court order that would stop that action. Filing the request did not suspend the agency proceeding or establish that the FCC acted unlawfully.
The two sides’ positions
The plaintiffs argue that federal officials accelerated the reviews to pressure ABC over its programming and editorial decisions. They contend that using licensing power that way violates constitutional protections for speech and the press.
The FCC presents the matter as an investigation of possible violations involving employment practices, nondiscrimination rules and broadcasters’ duty to serve the public interest. That public-interest obligation requires broadcasters using public airwaves to serve their communities.
In response to the lawsuit, an FCC spokesperson said all broadcasters, including Disney, must operate in the public interest. Chairman Brendan Carr has said Disney was not singled out and that the agency will evaluate the full regulatory record before deciding what action is appropriate.
Carr has also described the employment-related assertions as allegations under agency review. The FCC’s official records do not contain a final finding that ABC or the station licensees violated the law.
What is at stake
The licenses allow the eight local stations to use public airwaves and continue broadcasting in their markets. The stations may keep broadcasting while the renewal proceedings are pending.
A license denial is not immediate. FCC rules require additional steps, including notice and an opportunity for a hearing, before an application could be denied. The lawsuit seeks to stop the early review before the agency reaches that stage.
The dispute therefore concerns both ABC’s speech rights and the federal government’s authority to supervise licensed broadcasters. The lawsuit does not decide how those interests should be balanced.
What happens next
The plaintiffs have asked the court to stop the challenged review while the lawsuit proceeds. The FCC must separately determine what action, if any, to take on the eight renewal applications.
The reports describe a newly filed request for immediate relief, not a ruling granting or denying it. The FCC records likewise show a pending review, not a final license decision.
Sources
- Associated Press: ABC sues FCC, alleging First Amendment violation
- Axios: ABC files First Amendment lawsuit against FCC
- Bloomberg Law: Disney Sues FCC Over ‘Retaliatory Campaign’ Tied to Licenses
- FCC order directing early renewal applications
- FCC public notice establishing the renewal proceeding
- FCC Chairman Brendan Carr’s responses to members of Congress
