A battle between ABC and the Federal Communications Commission (FCC) is expected to continue for the foreseeable future after the network filed a First Amendment complaint against the agency. He accuses the Trump administration of having undertaken “a campaign of retaliation against ABC for one reason: it disapproves of what ABC broadcasts.”
ABC is asking the court to halt the early renewal process for the licenses of eight stations it owns. In April, the FCC required the network to file renewal applications within 30 days. The agency issued the order a day after President Donald Trump and first lady Melania Trump called for Jimmy Kimmel to be fired over comments he made on his show. (ABC’s owner, Disney, had already been suspended Jimmy Kimmel live for several days after Trump attacked comments the late-night host made in the wake of Charlie Kirk’s assassination.)
ABC’s licenses were not due for renewal for at least 2.5 years and, in one case, more than five years, according to the network. ABC submitted the applications – which it says normally take months to prepare – “under protest” before the deadline.
“Until the day before the issuance of this order (sic), the Commission had not requested an application for renewal ahead of schedule in over half a century,” the lawsuit states. “Nor has he ever required simultaneous advance renewal applications from a group of stations commonly owned by a single broadcast network – let alone stations with a history of public service and award-winning journalism like those stations. In a contemporary interview, the President minced no words when explaining the Commission’s decision to step up its pressure on ABC: ‘If you didn’t take us seriously, now you should.'”
The lawsuit also notes that Trump requested the licenses be revoked after ABC refused to broadcast live a prime-time speech he gave last month. He said the same thing about NBC’s licensing. The networks broadcast the address on their streaming channels. In the filing, ABC says it “considered the risk of retaliation from the administration” over how it handled the broadcast before deciding to air it on ABC News Live. He added that FCC Chairman Brendan Carr said the agency would consider “ABC’s decision not to air the July 16 speech as part of its review of stations’ renewal applications.”
The complaint says the Trump administration “has steadily increased pressure on ABC” for months. Its parent company has also been the target of FCC investigations. Carr opened an investigation into Disney’s diversity, equity and inclusion practices last year, accusing the company of violating equal employment opportunity rules. FCC also investigating ABC show The view following an interview with James Talarico, the Democratic candidate in the November Senate elections in Texas.
“The consequences of the Administration’s campaign against free speech extend far beyond ABC,” the lawsuit says. “If the administration gets its way, the message to every media company in the country will be unequivocal: tell only the stories the administration deems favorable, or face the coercive machine of the federal government. In such a world, the press can in no way be described as free. The FCC chairman left little doubt that this was his goal. “Fake news media” and “wins,” cataloging with obvious pride the perceived critical voices that have been suppressed waves.”
