FCC Asks Court To Dismiss ABC’s First Amendment Lawsuit

The Federal Communications Commission has asked a court in Washington D.C. to toss a First Amendment lawsuit by ABC that accuses of agency of a “retaliatory campaign” on the network’s free speech.

The ABC suit filed Aug. 18 seeks to halt a proceeding in which the agency and its chairman, Brendan Carr demanded that it put its eight stations up for early license renewal. That followed Donald Trump‘s attacks on the network, including its late-night host, Jimmy Kimmel.

“Acting through the Federal Communications Commission, the Administration has waged a retaliatory campaign against ABC for a single reason: it disapproves of what ABC broadcasts,” the lawsuit stated. Given the “existential threat,” the network said it had “no choice but to seek redress from the judicial branch” given that it saw “no alternative means to eliminate these ongoing and immediate threats other than total capitulation to the administration’s demands.”

The FCC‘s attempt to get the case dismissed was expected. It argued that the ABC lawsuit was premature because the agency had not yet actually moved to strip the licenses. It said a dismissal of the case would hamper its “efforts to investigate and resolve serious allegations that Disney has engaged in unlawful discrimination.”

Carr ordered the early reviews back in April on ABC’s eight owned and operated stations although he license renewals ⁠weren’t scheduled to come up for review before October of 2028. It was the first time in over 50 years the FCC had ordered an early review.  

U.S. District Judge Loren AliKhan has set an October 6 hearing in the case.