ABC says pressure from President Donald Trump’s administration has already affected decisions about what appears on the network, escalating an extraordinary legal battle involving Disney, the Federal Communications Commission and the First Amendment.
Disney and ABC filed a lawsuit seeking to stop an early FCC review of broadcast licenses belonging to eight Disney-owned television stations.
ABC alleges that the scrutiny has created fear of government retaliation and has caused the network to rethink programming choices involving politicians and political coverage.
FCC Chairman Brendan Carr rejects that accusation and says the agency’s decisions will be based on the law and the factual record.
Disney and ABC Challenge an Early FCC License Review
At the center of the case are broadcast licenses for eight Disney-owned local stations, including stations serving major markets such as New York, Los Angeles, Chicago and Houston.
Those licenses were not scheduled to expire until between 2028 and 2031.
According to Reuters, the FCC’s early examination has involved roughly 600 information requests and produced about 13,000 pages of documents. The government has also sought information concerning political donations by network employees.
Disney and ABC argue that the unusual scrutiny is retaliation for programming and news coverage Trump dislikes.
Trump has repeatedly criticized television networks and has publicly called for licenses associated with ABC stations to be revoked.
‘The View’ Has Become Part of the Legal Fight
ABC says the situation has directly affected how it handles political guests on “The View.”
According to the lawsuit, the daytime program has not hosted a political candidate since Democratic Texas Senate candidate James Talarico appeared in February.
That appearance prompted an FCC inquiry concerning federal equal-time regulations.
ABC says that historically its booking decisions were based on factors such as news value, audience interest and scheduling. The network now says it must also consider whether inviting a candidate could bring additional government scrutiny.
The dispute is particularly significant because the FCC had previously treated The View as a bona fide news program for purposes of the equal-time rule.
ABC Also Points to a Trump Speech Decision
ABC says the pressure has affected other decisions as well.
When Trump delivered a July 16 prime-time speech concerning election security, ABC did not carry the address on its broadcast network. It instead streamed the speech live.
The network’s lawsuit says it considered the possibility of administration retaliation when deciding how to handle the address. Trump later called for licenses connected with both ABC and NBC to be revoked after the networks declined to broadcast the speech live.
FCC Chairman Brendan Carr Denies Retaliation
Carr disputes Disney and ABC’s portrayal of the investigation.
He told Reuters that the FCC has an obligation to ensure broadcasters comply with public-interest requirements attached to their use of the public airwaves.
Carr also rejected the allegation that his agency is violating Disney’s free-speech rights and said licensing decisions would be made according to the facts and law.
That leaves the courts to address a much larger question: whether the FCC is legitimately exercising its regulatory authority or, as Disney alleges, using that authority in a way that pressures a news organization over its editorial decisions.
The outcome could have implications well beyond ABC.
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