ABC files First Amendment lawsuit against FCC
The lawsuit was filed in federal court in Washington, D.C.
ABC on Tuesday filed a First Amendment lawsuit against the Federal Communications Commission, asking a federal court to stop early broadcast license renewal proceedings that the company argues are being used to retaliate against its news coverage and editorial decisions.
The complaint was filed in the U.S. District Court for the District of Columbia.
In the complaint, ABC alleges that the administration, acting through the FCC, has engaged in a campaign targeting the company because of the content of its broadcasts.
“Acting through the Federal Communications Commission, the Administration has waged a retaliatory campaign against ABC for a single reason: it disapproves of what ABC broadcasts,” the complaint states.
ABC says it has cooperated with ongoing FCC investigations despite objecting to what it describes as the scope and burden of the agency’s requests. The complaint states that the company has responded to more than 600 separate requests and produced more than 13,000 pages of documents across two investigations.
The lawsuit states that ABC had no alternative but to seek relief from the courts.
“Facing this existential threat, Plaintiffs have no choice but to seek redress from the judicial branch for the Administration’s blatant retaliation for their First Amendment speech. Plaintiffs come to this Court reluctantly with no alternative means to eliminate these ongoing and immediate threats other than total capitulation to the Administration’s demands,” the complaint says.
Additionally, ABC filed a motion for a temporary restraining order and preliminary injunction, seeking immediate court intervention to halt the FCC's actions while the case proceeds.
“This case boils down to a simple question: can the Administration use its control over the federal regulatory apparatus to punish a media organization for editorial decisions and news coverage it dislikes? Because the First Amendment provides a clear answer – of course not – this Court’s intervention is necessary to stop the Federal Communications Commission’s extraordinary assault on free speech,” the motion states.
An FCC spokesperson said, "All broadcasters have a legal obligation to operate in the public interest – even Disney. The FCC has been examining claims that Disney engaged in illegal DEI discrimination for over a year. Disney is obviously very concerned about the FCC’s proceeding, as evidenced by their ongoing campaign of disinformation as well as their decision to ask a court to stop the FCC from further pursuing matters. The FCC will continue to follow the facts and law wherever they lead."
The Walt Disney Company is the parent company of ABC.