The U.S. Federal Communications Commission on Thursday asked a federal judge to toss out Disney's lawsuit seeking to block the agency's early review of licenses for the entertainment giant’s eight company-owned ABC stations.
The FCC said if Disney were successful, it would prevent the commission from analyzing evidence in its ongoing investigation and hobble the agency's "efforts to investigate and resolve serious allegations that Disney has engaged in unlawful discrimination."
Free speech dispute and broader pressure on broadcasters
The case is a test of free speech rights for broadcasters. President Donald Trump has called repeatedly for ABC to lose its licenses over programming he dislikes.
FCC Chair Brendan Carr ordered the early reviews in April, even though the stations' license renewals were not scheduled to be considered before October 2028. The FCC had not ordered an early review in more than 50 years before April. Carr has said he has not made a decision on whether to refer Disney's licenses for a hearing.
The reviews were ordered a day after Trump urged ABC to fire late-night host Jimmy Kimmel.
U.S. District Judge Loren AliKhan in Washington has set an October 5 hearing on the lawsuit. The FCC has agreed to provide at least 48 hours' notice before issuing an order to refer Disney's ABC licenses for a hearing.
Trump has repeatedly urged broadcasters to drop comedy or news programs he dislikes or which have joked about or criticized him or his administration. He has also called on the FCC to strip stations of licenses.
On Sunday, Trump called for the FCC to rebuke or punish Comcast-owned NBC's White House correspondent Kristen Welker after she noted that the Republican president's success in endorsing political candidates has been mixed. Carr has not ruled out subjecting Comcast's NBC licenses to an early review.
Broadcast stations need FCC licenses to use public airwaves. While license revocations are extremely rare, critics say the threat of losing a license can pressure broadcasters and raise concerns about government interference in editorial and programming decisions. Networks have broad First Amendment protections over programming choices.
Disney said in its suit the FCC was seeking to coerce and retaliate against "a network that refuses to bow to the administration's demands," calling the agency's actions an "extraordinary assault on free speech."
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