Former FCC Chairs Call Review Of ABC “An Assault On Free Speech”

A group of former FCC chairs and top agency officials of both parties are calling on current chairman Brendan Carr to end the early review of broadcast licenses for ABC stations, characterizing it as “an assault on free speech disguised as regulatory process.”

In a filing with the FCC on Tuesday, the officials wrote, “The Commission initiated the early renewal process of all eight ABC-owned-and-operated stations one day after the President and First Lady criticized ABC’s Jimmy Kimmel for a joke he made about them.”

They added, “Public reporting and the notice establishing the procedures for this proceeding also suggest that the Chairman has prejudged the outcome of this proceeding and that the Commission may assert the power to terminate the stations’ licenses early. All this betrays that this proceeding is pretext for the Chairman’s continued campaign of suppressing disfavored speech.”

Among those signing on to the filing were Mark Fowler and Dennis Patrick, chairmen of the FCC under Ronald Reagan; Alfred Sikes, chairman under President George W. Bush; and Thomas Wheeler, chairman under Barack Obama.

The FCC under Carr ordered ABC to file renewal applications for its eight owned stations at the end of May, even though the first of the licenses wasn’t set to expire until 2028. Carr has said that the action was as part of an investigation into Disney’s diversity, equity and inclusion policies.

ABC filed for renewal, but characterized the action as “an extraordinary demonstration of power and coercion directed at disfavored editorial voices which sends a clear warning to every broadcaster in America.”

As part of the process, the FCC opened up a public comment proceeding. The former FCC officials noted that two groups, the Center for American Rights and the Media Research Center, called for the agency to deny the stations’ renewal applications.

In their filing, the FCC officials say that the groups “ask the Commission to interfere with the stations’ First Amendment-protected editorial discretion: word choices, fact-checks, time covering certain topics, personnel, and the licensees’ perceived viewpoints. These are not legitimate subjects of FCC regulation. Indeed, the Supreme Court has repeatedly held that the government may not ‘un-bias’ what it thinks is biased.”

So far, more than 141,000 comments have been received in the station renewal proceeding. The deadline for ABC to reply to the responses is Wednesday.

In its petition to deny the licenses, the Center for American Rights cited broadcasters’ public interest obligations. They wrote, “It is likely lots of ink will be spilled in this proceeding focused on the First Amendment rights of Disney. ABC and its allies will ‘attempt[] to drape the mantle of First Amendment protection solely around those in the broadcast industry. This approach ignores the rest of the citizens of this country.’ … ABC’s rights are important, but they are not preeminent. It is the right of viewers of ABC stations which must feature first and foremost in this Commission’s considerations.” Among other things, they argued that ABC does not provide “a balanced presentation of information on issues of public importance.”

The former FCC officials called the agency’s early renewal action “virtually unprecedented.” The FCC also launched an investigation into ABC’s The View and whether it qualifies as a bona fide new program, and exempt from equal time rules. The network also has pushed back on that proceeding, also characterizing it as a retaliatory effort to chill free speech.

The former FCC officials were represented by the Protect Democracy Project, Andrew Jay Schwartzman, Gigi Sohn of G Squared Strategies and Berin Szóka of Tech Freedom.

Other former FCC officials signing on to the filing include Kathryn C. Brown, chief of staff to FCC Chairman William Kennard from 1998 to 2001; Rachelle B. Chong, a Republican commissioner who served from 1994 to 1997; Jerald Fritz, lega advisers and chief of staff to Fowler from 1981 to 1987; Rosemary Harold, FCC enforcement bureau chief from 2017 to 2022; William T. Lake, media bureau chief from 2009 to 2017; Ruth Milkman, chief of staff to Wheeler from 2013 to 2017; Gloria Tristani, Democratic commissioner from 1997 to 2001; and Christopher J. Wright, general counsel from 1997 to 2001.

More to come.