The FCC has asked a federal court to dismiss a lawsuit filed by Disney, seeking to continue a proceeding that could ultimately result in the nonrenewal of ABC’s broadcast licenses. The motion, filed in the US District Court for the District of Columbia, defends the agency’s decision to launch an early license review of the eight broadcast stations owned by ABC.
Disney filed suit against the FCC on August 18, accusing the agency of conducting a “campaign of censorship” designed to retaliate against ABC for speech that President Trump opposes. FCC Chairman Brendan Carr has previously threatened ABC over jokes made by Jimmy Kimmel and political content aired on The View, though the agency maintains that the license review is unrelated to those matters and that no decision has been reached.
Watchdog Groups Seek to Intervene
Two watchdog organizations, along with individual viewers of ABC stations, are attempting to intervene in the case. Their concern centers on the possibility that Disney could reach a settlement with the FCC that fails to serve the public interest. Disney has opposed the motion to intervene, leaving a judge to decide whether the groups and individuals may participate in the case as intervenors.
The dispute arrives amid continued friction between the administration and the press. Trump recently called on the FCC to punish or rebuke an NBC journalist who stated that the president has “mixed results” in his election endorsements.
FCC Points to DEI Allegations
According to the FCC’s filing, the proceeding focuses solely on “allegations of unlawful discrimination” tied to Disney’s diversity, equity, and inclusion policies. The agency is asking the court to dismiss the lawsuit outright or, at minimum, to deny Disney’s request for a preliminary injunction that would pause the license review during litigation.
The commission stated that Carr has repeatedly stressed that he and the agency remain “open-minded,” have “not made a decision,” and intend to “follow the facts and the law wherever they [lead].” The filing also argued that the renewal process does not affect Disney’s rights, noting that stations with pending renewal applications may continue operating without interruption throughout the proceeding, even if it advances to a hearing. Should the commission deny the applications, the licenses would remain in effect for as long as the company chooses to pursue judicial review.
The FCC further alleged that Disney’s responses to its investigative inquiries “were deficient and nonresponsive,” which the agency said justified the order for an early license review. It also contended that the district court lacks jurisdiction, since FCC orders are reviewed by circuit appeals courts rather than district courts.
Granting Disney’s request, the FCC argued, “would mean taking administrative processes off the table before the Commission has seen and analyzed the voluminous evidence,” a move it said would hinder its ability to investigate the discrimination allegations and ensure ABC’s stations serve the public interest.
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Image: arstechnica.com
