ABC Accuses FCC of Coercive Pressure in License Probe

Disney and ABC have accused the Federal Communications Commission (FCC) of attempting to circumvent judicial review and inflict "maximal coercive pressure" by using the license renewal process against the network. The media companies' latest filing asserts that the FCC chose an unprecedented early license renewal for eight ABC-owned stations specifically to avoid legal scrutiny.

Disney originally filed a lawsuit against the FCC in August, alleging a "retaliatory campaign" related to the early broadcast license renewal proceedings. The FCC stated that the stations must demonstrate they are operating in the public interest as the agency investigates diversity, equity, and inclusion (DEI) practices. However, Disney's recent filing argues that the FCC had other, less intrusive tools available to investigate DEI practices that would not have involved forcing stations to renew their licenses years ahead of schedule.

"These are not merely 'theoretical' tools... they have been used by the agency for decades," the filing read. "Yet the agency tried none of those less intrusive tools here, instead taking the unprecedented step of calling for early license renewal of all eight ABC-owned stations at once. Defendants’ own admissions leave no doubt as to why — Defendants sought to inflict maximal coercive pressure on the media company whose speech the Administration sought to curb, while deliberately evading judicial review."

During a court hearing last week, the FCC suggested that alternative investigative procedures would have necessitated federal court enforcement. "That Defendants openly describe judicial review as an obstacle demonstrates what Plaintiffs have been saying all along: shielding their unconstitutional campaign against ABC from judicial review is part of Defendants’ retaliatory strategy," the filing stated.

An FCC spokesperson, Adam Jackman, dismissed the filing as an attempt to obstruct legal procedures. "Disney’s latest filing only confirms that they’ve filed a meritless case in the wrong court at the wrong time," Jackman said. "They want a district court to prevent the FCC from even considering whether Disney has complied with its longstanding obligations as a broadcaster. The law does not allow that. The FCC will continue to hold broadcasters accountable to their regulatory obligations."

Disney and ABC have consistently contended that the FCC's investigations are retaliatory, particularly concerning programs and hosts critical of former President Donald Trump. The FCC has also launched a separate probe into ABC's daytime talk show "The View," questioning its adherence to the equal opportunity rule for political candidates. Disney maintains that "The View" qualifies as a bona fide news program, exempting it from this rule.