ABC and Disney are taking the fight to the FCC and the Trump Administration for what it calls a “retaliatory campaign against ABC for a single reason: it disapproves of what ABC broadcasts.“
Earlier this year, the FCC, and thus the Trump Administration, began to threaten ABC and its parent company Disney over speech that aired on the channel it disagreed with. ABC was directed by the FCC to file early renewals for its licensed TV stations, applying to eight affiliate stations owned by ABC. The FCC, and its chair Brendan Carr, were also investigating Disney for its “DEI practices,” claiming “possible violations of the Communications Act of 1934 and the FCC’s rules, including the agency’s prohibition on unlawful discrimination.”
Unlike other media companies and businesses that have caved to threats from the administration (including pretty obvious settlement bribes to Trump charities), Disney and ABC are fighting back, having filed a lawsuit against the FCC, its chairman Brendan Carr, commissioner Anna Gomez, commissioner Olivia Trusty, and two “John Does” also listed as commissioners of the FCC who have yet to be appointed.
In the filing, ABC and Disney highlight attacks on the channel and its talent’s free speech by President Donald Trump, using his own words and social media posts against him. It also quotes Carr who issued an ultimatum regarding on-air comments by ABC’s late-night host Jimmy Kimmel, “We can do this the easy way or the hard way. These companies can find ways . . . to take action . . . on Kimmel, or there is going to be additional work for the FCC ahead.”
ABC and Disney say they have seen increased pressure from the administration that has culminated in threats of broadcast licenses for the eight stations mentioned above and notes how early the reviews have been demanded, some not even halfway through their current license terms.
ABC also highlights this pressure has impacted programming decisions, deciding to livestream a speech by President Trump but not broadcasting it on television which resulted in President Trump calling for the revocation of the ABC owned stations’ broadcast licenses as well as NBC which also chose to not cover the speech.
Since the Commission cannot lawfully grant renewal this early, ABC and Disney are convinced a decision from the FCC, which is expected soon, will be a negative one.
The consequences of the Administration’s campaign against free speech reach well beyond ABC. If the Administration gets its way, the message to every media company in the country will be unmistakable: tell only the stories the Administration deems favorable, or face the coercive machinery of the federal government. In such a world, the press could in no way be described as free.
The FCC Chairman has left little doubt that this is his goal. He has publicly touted the Administration’s success in extracting speech-related concessions from other media companies, boasting that it has “t[aken] on the fake news media” and is “winning,” cataloguing with evident pride the perceived critical voices that have been taken off the air.
ABC and Disney are asking for the court to:
Declare that Defendants’ order requiring that Plaintiffs file early license renewal applications constitutes retaliatory action in violation of Plaintiffs’ rights under the First Amendment to the U.S. Constitution.
Enter temporary, preliminary, and permanent orders providing that Defendants, their officers, agents, and employees subject to their supervision, direction, and control are enjoined from taking any continuing or further action against Plaintiffs in relation to the early license renewal applications, including issuing a Hearing Designation Order;
Enter temporary, preliminary, and permanent orders, providing that Defendants, their officers, agents, and employees subject to their supervision, direction, and control are enjoined from taking any actions, formal or informal, to coerce or threaten Plaintiffs with sanctions in an effort to alter their exercise of editorial discretion; and
Grant such other and further relief as this Court deems necessary and just.
In their complaint, ABC and Disney lay out how threats from the White House and FCC have impacted their coverage and decisions and is an example as to why the acquisition of Warner Bros. Discovery by Paramount should be stopped. The media company has already shown its willingness to cater to Trump’s complaints and whims.
You can read ABC and Disney’s full filing with detailed history of the attack by President Trump, the White House, and FCC against the companies.
