ABC says FCC waging a retaliatory campaign violating free speech rights

ABC has filed a lawsuit against the FCC, contending that the agency is waging a retaliatory and censorship-driven campaign that infringes upon the network's free speech rights. In the lawsuit, ABC claims the commission has used its regulatory power to pressure the network through investigations and threats to revoke local stations' broadcast licenses.

The network's legal action marks a significant escalation in the ongoing conflict between the Trump administration, ABC, and its parent company, Disney. The FCC currently consists of three commissioners: Chairman Brendan Carr and Olivia Trusty, both appointed by President Trump, and Anna Gomez, appointed by President Biden in 2023.

In a recent development, the FCC demanded that eight Disney-owned local news stations renew their broadcast licenses years ahead of their expiration dates. Commissioner Anna Gomez emphasized that this is an unprecedented move, with no other instance of the FCC targeting network content by affecting all its local broadcast stations in over half a century.

ABC asserts that the FCC is probing Disney for alleged illegal diversity, equity, and inclusion (DEI) discrimination for over a year. However, Gomez dismissed this as a pretext to target Disney, stating that the FCC's probe is not about the company's DEI policies but rather its content. The FCC is not bound to investigate DEI matters, as it is distinct from the Equal Employment Opportunity Commission (EEOC).

Gomez further dismissed the FCC's claim that broadcasters must operate in the public interest, arguing that the traditional FCC public interest standard focuses on whether broadcasters serve their local communities through weather, sports, and breaking news coverage. She maintained that using the public interest term to target content that the administration disapproves of is unconstitutional and violates the First Amendment.

The lawsuit comes after the FCC opened investigations into other networks, including CBS, ABC, and NBC, but not FOX. Additionally, the FCC has sent letters to the BBC regarding its editing of a Trump speech and to NPR and PBS, alleging potential violations of commercial ad rules. Despite settling with the administration for $15 million in earlier negotiations, ABC's decision to sue the FCC reflects a change in tactics and highlights the ongoing tension between the administration and the media networks.