The Disney-owned network said the agency’s action is an attempt to stifle free speech.
ABC went to court Tuesday in an attempt to halt the Federal Communications Commission’s early review of its TV licenses, claiming the move is an attack on the broadcast outlet’s right to free speech.
The Disney-owned network asked a U.S. District Court to issue a temporary restraining order to stop the FCC’s action. The agency says it is investigating ABC stations over whether the company’s diversity and inclusion policies are in violation of federal anti-discrimination laws.
But the suit alleges that the FCC is retaliating against ABC due to President Trump’s dissatisfaction with the network’s coverage of his administration. Trump has frequently threatened to have TV station licenses pulled when he believes he is treated unfairly on news and talk programs.
In late December, Trump posted on X that “If Network NEWSCASTS, and their Late Night Shows are almost 100% negative to President Donald J. Trump, MAGA, and the Republican Party, shouldn’t their very valuable Broadcast Licenses be terminated? I say YES!”
The suit claims the FCC “has not been shy about openly coercing ABC into changing its programming,” citing comments made last fall by FCC Chairman Brendan Carr about late-night host Jimmy Kimmel’s remarks about the president.
“We can do this the easy way or the hard way,” Carr said. “These companies can find ways….to take action…on Kimmel or there is going to be additional work for the FCC.”
Shortly after Carr made those remarks, two large TV station ownership groups had their ABC affiliates pull Kimmel off the air for a week after conservative blowback over the host’s comments regarding the shooting death of right-wing activist Charlie Kirk.
The licenses for eight ABC-owned TV stations, including KABC in Los Angeles, were originally scheduled for renewal between 2028 and 2031. The suit said the current review is “extraordinarily early” and “that timing underscores the Commission’s true purpose: coercing and retaliating against a network that refuses to bow to the Administration’s demands.”
Trump recently called for ABC’s TV licenses to be revoked after the network did not carry his July 16 prime-time Oval Office address on election fraud. Carr said the network’s decision would be taken under consideration in the license review process.
Broadcast outlets have long had the option to determine whether to carry a presidential address. ABC presented Trump’s speech on its news streaming platform, as did NBC.
Carr has also questioned whether “The View” should be classified as a news program, which is exempt from the equal-time rule for political candidates who appear as guests.
ABC has asked the FCC to rule on the status of “The View,” which received an exemption from the rarely enforced equal time provision in 2002.
ABC has maintained that “The View” books politicians based on newsworthiness and not partisanship.
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