US judge to hold hearing on Disney bid to block FCC license review

On Tuesday, a US judge will convene a hearing to address Walt Disney's lawsuit aimed at thwarting the Federal Communications Commission's (FCC) premature review of licenses for the firm's eight company-owned ABC stations. This legal action, initiated in August, presents a pivotal moment in the debate surrounding broadcasters' First Amendment free speech rights and the Trump administration's efforts to reshape the media landscape.

The lawsuit, spearheaded by Disney, contends that the FCC is coercing and retaliating against a network that refuses to comply with its demands, deeming the agency's actions an unprecedented assault on free speech. Disney's legal team argues that the FCC's premature review threatens the network's programming decisions and raises concerns about government interference.

Previously, US District Judge Loren AliKhan had declined to issue an order halting the FCC's actions. However, the FCC has agreed to provide at least 48 hours' notice to the court before proceeding. AliKhan is now scheduled to hold a hearing to assess whether she should grant a temporary restraining order. FCC Chair Brendan Carr, who ordered the early reviews in April despite the ABC stations' license renewals not being scheduled for consideration until October 2028, has not yet made a decision on how to proceed.

Carr's decision comes a day after President Donald Trump urged ABC to fire late-night host Jimmy Kimmel. This directive followed a request from Trump for ABC to eliminate comedy or news programs that he disapproves of or that have made jokes about or criticized him and his administration. The FCC had not previously ordered an early review in over 50 years before April.

The FCC's order marks a significant shift in policy, with critics raising concerns about potential government interference in broadcasters' programming decisions. While license revocations are exceedingly rare, the FCC is currently investigating ABC's daytime talk show, The View, which discusses politics, for potential violations of federal rules requiring broadcasters to provide equal opportunities to political candidates.

Disney has noted that since February, The View has not invited any political candidates to appear, citing pressure from the FCC. Last month, comedian Kimmel alleged that FCC threats prevented the airing of his interview with Texas Democratic Senate candidate James Talarico, which was subsequently posted on YouTube and viewed over 13 million times.