ABC Files First Amendment Lawsuit Against FCC

Disney’s ABC filed a First Amendment lawsuit against the Federal Communications Commission on Tuesday, raising the pitch of the company’s efforts to countermand unusual pressure from the federal government to force the company’s stations to submit licenses for early renewal proceedings.

ABC has found itself at cross purposes with the FCC at several moments in recent months, with the Trump administration taking issue with monologues from late-night host Jimmy Kimmel and commentary on the daytime roundtable program “The View.”

In its filing with U.S. District Court, ABC’s lawyers said the company was being punished for editorial decisions and news coverage and had “no alternative means to eliminate these ongoing and immediate threats other than total capitulation to the Administration’s demands. “The company also said the Trump administration had “attacked ABC’s speech” on multiple occasions, including “the stories its journalists report and the viewpoints its network programs air.  Over time, those attacks have escalated into express demands that ABC be stripped of its broadcast licenses because of its speech.”

Disney has for the past several weeks grappled with unorthodox pressure from the Trump administration. The Federal Communications Commission, led by Chairman Brendan Carr, ordered Disney to file for renewals for eight of its stations years ahead of schedule. In filings, Disney has said its applications were made “under protest in response to an unlawful, arbitrary, and unconstitutional order.” “The View,” which has thrived in recent years with discussion of politics, has also found itself in the administration’s cross-hairs. The FCC has probed whether the program has violated so-called “equal-time” election laws following the appearance of political figures, launching its investigation after James Talarico, the Democratic Senate candidate from Texas, appeared on the show in February. The FCC issued new guidance in January that late-night and daytime hosts needed to give equal time to political candidates from various parties, claiming the programs might be working along partisan lines.

ABC suggested in its filing that the company now had to weigh whether its business decisions would cause harm due to the situation with its stations. “With the threat of non-renewal or revocation of its Stations’ broadcast licenses on the line, ABC cannot ignore the consequences of any decision that might anger the Administration or the FCC Chairman,” the company said. On July 16, for example, ABC decided to livestream an address from President Trump, which it did not present live on ABC after using “editorial judgement.” The livestreaming decision was something the company “ordinarily would not have done.”

More to come…