ABC faced the FCC in federal court Tuesday as Disney challenged pressure surrounding the network’s broadcast licenses. During the hearing, Disney attorney Beth Wilkinson argued that the Trump administration’s actions have already created a chilling effect on the network’s coverage and editorial decisions.
ABC argues FCC license pressure violates its First Amendment rights
According to Deadline, Disney sued the FCC in August after the agency ordered its eight company-owned ABC stations into an early license renewal process. The move came after Donald Trump repeatedly called for ABC’s licenses to be revoked. He criticized the network’s programming and news coverage. Trump also called for Jimmy Kimmel to be fired. FCC Chairman Brendan Carr had also warned the network.
“We are watching everything we do,” Wilkinson told U.S. District Judge Loren AliKhan. She argued that Trump’s call to revoke ABC’s licenses over its decision not to air a speech in July “brings out anger in the administration and retaliation from the agency.”
Wilkinson said the threat of losing a broadcast license amounts to a “death penalty” for stations. She also argued that ABC has already changed how it approaches some coverage because of the possibility of FCC scrutiny.
For example, Wilkinson pointed to The View’s decision not to invite political candidates to appear during its “Hot Topics” segment this cycle. She said the show made the change out of concern that it could trigger scrutiny under federal rules governing equal opportunities for political candidates.
Meanwhile, the FCC is seeking to dismiss Disney’s lawsuit. The agency argues that its early renewal order was connected to an investigation into Disney’s diversity, equity and inclusion practices. However, Wilkinson called that explanation “pretextual.” She argued that the order instead followed a dispute over document production. She said it came shortly after Trump called to fire Kimmel.
Ali Khan also questioned the government about Carr’s comments after Trump’s July speech. Carr had said ABC’s decision not to air the address would likely come up during the early renewal proceeding.
The judge did not issue a ruling Tuesday. Instead, she requested additional submissions from both sides as she considers Disney’s request for a preliminary injunction. The deadlines for the additional filings run through October 14.
