ABC opposes FCC motion to dismiss First Amendment lawsuit

ABC has filed an opposition to the Federal Communications Commission’s (FCC) motion to dismiss a First Amendment lawsuit, characterizing the agency’s demand for early license renewals for eight Disney-owned stations as a “broadcaster death penalty.”

The network argues that the FCC is using its regulatory power to retaliate against ABC’s editorial decisions and journalistic coverage. The lawsuit claims the commission’s actions are motivated by political retaliation following public calls from Donald Trump to revoke the network's licenses. ABC’s legal team asserts that the FCC is attempting to exert leverage over editorial content by threatening license non-renewal.

In support of ABC, a bipartisan group of 18 former FCC chairmen and officials filed a brief stating that FCC Chairman Brendan Carr violated the First Amendment. They argued that Carr’s public statements regarding specific programs and editorial choices create a regulatory environment where broadcasters can be penalized for speech the government dislikes.