ABC and parent company Disney have accused the Federal Communications Commission of trying to dodge judicial review while pressuring the network over its broadcast licenses, according to court arguments made during a federal hearing covered by the Associated Press. The allegations are part of an ongoing lawsuit over an FCC order that requires eight ABC-owned stations to submit license renewal applications years ahead of their normal schedule.
ABC and Disney filed the lawsuit against the FCC and Commissioner Brendan Carr in August. On Oct. 6, ABC’s legal team appeared before U.S. District Judge Loren AliKhan to request a preliminary injunction that would block the FCC from conducting an early review of the network’s broadcast licenses. No ruling has been issued yet, and the claims below remain allegations made in court filings and arguments, not findings by the judge.
What ABC Alleges In The FCC License Review Lawsuit
ABC’s attorneys told the court the early license review is unconstitutional, violates the network’s free speech rights, and amounts to retaliation for content that President Donald Trump has criticized. ABC attorney Beth Wilkinson argued the network is being singled out over its editorial decisions, telling the court, “President Donald Trump has made his stance clear over and over again. What he says is because of that content, because of that speech, ABC should lose its license.
These are blatant violations of the U.S. Constitution,” according to the Associated Press.
Wilkinson also described the pressure the license renewal process puts on the network, saying broadcasters effectively operate with their “head on the guillotine” and that “if anything we say is going to make it come down,” per the AP’s account of the hearing. The lawsuit asks the court to temporarily stop the FCC from taking further action on the license renewal proceedings and from coercing or threatening the network over its editorial choices.
The FCC’s Response In Court
Government attorneys pushed back on multiple fronts during the hearing. They argued the court lacks jurisdiction because the case belongs in a different legal venue, disputed ABC’s First Amendment claims, and said ABC had failed to show it would suffer irreparable harm without an injunction, according to the AP.
FCC Commissioner Brendan Carr defended the agency’s actions by stating that broadcasters have a duty to operate in the public interest, according to the AP. Government attorneys went further, accusing ABC of trying to prematurely block scrutiny from federal regulators and urging the judge to dismiss the lawsuit entirely.
What It Means For ABC And Fans Of Its Shows
The case adds to a tense stretch between ABC and the FCC under Carr. The network has also been fighting the commissioner’s push to apply equal-time rules to its morning talk show, The View. For viewers, the immediate stakes are regulatory rather than programming related. No ABC show has been pulled or altered as part of this specific lawsuit, and the dispute centers on station licenses rather than content itself, though ABC argues the two are connected.
Judge AliKhan did not rule from the bench and instead asked both sides to file additional written arguments. The government’s filing was due Oct. 9, and ABC’s was due Oct. 14, according to the AP.
What’s Next
With written arguments due from both sides by Oct. 14, the next concrete step is Judge AliKhan’s decision on whether to grant ABC’s preliminary injunction. Until then, the FCC’s early license review process and the broader legal dispute remain unresolved, and none of ABC’s allegations against the agency have been validated by the court.
Disney’s ongoing friction with federal regulators comes amid other major moves at the company, including a separate licensing deal sending shows to Netflix. ABC’s late-night lineup has also faced scrutiny, as detailed in coverage of Jimmy Kimmel’s future at the network.
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Additional reporting via Deadline.
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