Disney and ABC Sue the FCC Over an Unusually Early Broadcast-License Review
Disney and ABC have gone to federal court to stop the Federal Communications Commission from moving forward with an unusually early review of the broadcast licenses held by eight ABC-owned television stations.
The important word there is stations. The FCC does not hand ABC one giant national license to operate a television network. Local stations use the public airwaves under individual FCC licenses, and those licenses come with regulatory obligations. That gives the government legitimate authority over things such as technical operation and compliance with communications law. It does not, however, erase the First Amendment.
That boundary is now the heart of the lawsuit.
According to Reuters, Disney and ABC filed suit on August 18 after the FCC ordered the eight stations into an accelerated license-review process. Disney argues that the review is retaliation for ABC programming and editorial decisions disliked by President Donald Trump and his administration. The company is asking the court for a temporary restraining order to stop the FCC from advancing the proceedings while the case is considered.
The FCC disputes that characterization. The agency says the review grew out of an investigation into whether Disney’s diversity policies amounted to unlawful discrimination. Disney denies that allegation. FCC Chairman Brendan Carr has also said the Commission has not made a final decision and that broadcasters using public airwaves must satisfy their public-interest obligations.
U.S. District Judge Loren AliKhan has already directed the parties to propose a schedule for considering Disney’s request and ordered the FCC to notify the court if it moves toward a process that could revoke the licenses.
This matters well beyond whether somebody likes ABC, Disney, the current administration, or any particular television program. Regulators need enough authority to enforce the laws they are responsible for enforcing. At the same time, a broadcast license cannot become a convenient lever for government officials to punish journalism or commentary they dislike. If regulatory scrutiny can be accelerated because an administration is unhappy with a network’s speech, that changes the relationship between broadcasters and the government in a pretty fundamental way.
For now, retaliation is Disney’s allegation, not a finding by the court. The FCC has offered a different reason for the review, and the case is just beginning. That distinction is important. So is watching what the court says about where ordinary broadcast regulation ends and unconstitutional pressure on editorial decisions begins.