ABC sues FCC over alleged 1st Amendment violations

Disney-owned ABC sued the Federal Communications Commission yesterday, accusing the agency of violating its First Amendment rights by using regulatory authority to retaliate against the network’s speech.

The lawsuit asks a federal judge to halt an accelerated review of broadcast licenses for ABC’s eight local stations.

How we got here

ABC’s issues with the FCC began last year, when Chairman Brendan Carr launched an investigation into whether the network’s diversity, equity, and inclusion (DEI) practices violated federal workplace discrimination rules. In April, the FCC announced the early license-renewal review for ABC’s eight local stations several years earlier than scheduled.

• The agency is also reconsidering whether The View should retain its exemption from federal equal-time rules, which generally require broadcasters that give airtime to political candidates to provide comparable opportunities to their opponents.
• The View has held an exemption since 2002 under a carveout by Congress for "bona fide news interview programs."

The arguments

ABC claims the FCC’s investigations are part of a broader effort by the Trump administration to punish speech it dislikes, pointing to a series of clashes with the White House over the network’s programming.

• In April, talk show host Jimmy Kimmel made disparaging remarks about President Trump, prompting calls from the White House to fire him. Shortly afterward, the FCC announced its early review of ABC’s broadcast licenses.
• ABC also didn’t carry Trump’s July national address on election security on its broadcast network, with Carr later saying that decision could come up during the license review.

ABC says the scrutiny is already having an impact, with The View refraining from hosting a political candidate since the FCC began examining its equal-time exemption.

The FCC sees things differently. The agency rejects ABC’s allegations of political retaliation, saying its license review concerns potential illegal discrimination tied to Disney’s DEI practices, and noting that broadcasters are legally required to operate in the public interest.

When it comes to The View, Carr says the agency isn’t trying to control which candidates appear on the show, but rather determining whether it should continue qualifying for an exemption from equal-time requirements established by Congress.

Looking ahead…ABC is seeking an immediate court order pausing the FCC’s license-review proceedings while the broader lawsuit plays out. No hearing has been scheduled yet, with the FCC saying its investigations will move forward in the meantime.

📊 Flash poll: In general, do you side more with arguments from the FCC or from ABC in the network’s newly filed court case claiming political retaliation?

• FCC arguments
• ABC arguments
• Unsure/other