Disney’s ABC asked a federal judge Tuesday to halt an early review of the network’s broadcast licenses, arguing that the Federal Communications Commission launched the proceeding to punish ABC for programming that angered the Trump administration.
At a roughly two-hour hearing in federal court in Washington, D.C., ABC attorneys pointed to remarks by President Trump and FCC Chair Brendan Carr as evidence of the agency’s alleged motive. They said those statements showed why the FCC took the unprecedented step in April of ordering eight ABC-owned stations to file broadcast-license renewal applications years earlier than required.
The licenses had originally been scheduled for renewal between 2028 and 2031.
“They are retaliating with their government power to stop ABC from exercising their protected First Amendment speech,” Beth Wilkinson, an attorney for the company, told the court.
At one point, Wilkinson invoked the French Revolution to describe the FCC’s actions. She said the agency was effectively making the broadcaster wait with its “head on a guillotine” as it seeks a decision on the licenses.
Wilkinson argued that the process is already having a chilling effect on ABC’s editorial choices. She said some programming decisions could ultimately prompt the FCC to “give us the corporate death penalty and take away our licenses.”
She also cited a speech Mr. Trump delivered at the White House in July, when he criticized ABC and NBC for declining to broadcast it and called for their licenses to be revoked. Wilkinson described those comments as a “direct threat” to ABC.
“People may not like some of ABC’s coverage and the president is entitled to it, but the public has the right to be exposed to different speech and viewpoints,” she said.
The Justice Department, which is defending the FCC, maintains that the agency’s April decision was prompted by Disney’s failure to adequately answer an ongoing investigation into its diversity, equity and inclusion practices.
ABC “refused to adequately respond” to the FCC’s anti-discrimination inquiry, said Dimitar Georgiev-Remme, a Justice Department attorney representing the commission. “The commission decided to look for information that it needed by calling for early renewal of plaintiffs’ broadcast license.”
Much of Tuesday’s hearing focused on whether Disney and ABC have the legal right to challenge the FCC’s early-renewal process in federal district court.
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The Justice Department argues that federal law requires a company to challenge a license-renewal order first before the full FCC. Any unfavorable decision would then have to be reviewed by a federal appeals court, rather than a U.S. district court, the government said.
ABC contends that the alleged retaliation falls outside the regulatory appeals system established by Congress. The company says a district court challenge is the only available way to address the immediate harm caused by the FCC’s action.
As an example, Wilkinson said ABC has altered how it covers political issues. She specifically noted that the talk show “The View” has changed the way it chooses clips for broadcast.
She also said comedian Jimmy Kimmel, a longtime Trump critic, posted his interview with Democratic Texas Senate candidate James Talarico on YouTube instead of airing it on the network.
Wilkinson argued that even if ABC had appealed the FCC’s April decision to begin the early renewal process, the commission could delay action indefinitely.
She added that ABC would have no meaningful legal remedy for the damage it says it has suffered if the FCC ultimately renews the licenses after completing its review.
U.S. District Judge Loren AliKhan, a Biden appointee, at times appeared unconvinced by the government’s argument that the FCC began the early renewal process simply to obtain information for its anti-discrimination investigation.
When AliKhan asked what other legal tools the Justice Department could use to compel ABC to provide the requested information, Georgiev-Remme was unable to offer an immediate answer. The judge then ordered the government to file a brief addressing the question by Oct. 9.
