ABC and its parent company, Disney, have sued the Trump administration’s Federal Communications Commission (FCC) over alleged First Amendment violations.
In their filing, they contend that the FCC’s order requiring early renewal of licenses for eight ABC-owned broadcast stations amounts to “a retaliatory campaign.”
“Acting through the Federal Communications Commission, the Administration has waged a retaliatory campaign against ABC for a single reason: it disapproves of what ABC broadcasts,” ABC wrote in its 45-page complaint.
ABC’s licenses were originally scheduled for renewal between 2028 and 2031.
In communications between the FCC and ABC, the agency said it was investigating the broadcaster for alleged unlawful discrimination.
In a letter, FCC Chairman Brendan Carr wrote that Disney “may have relied on race, gender, or other protected characteristics” when making decisions related to hiring, promotion, compensation, and other workplace opportunities.
The FCC called the early renewal “essential” to its ability to investigate these allegations, saying such circumstances give it authority to require a broadcaster to submit a renewal application ahead of schedule.
ABC and Disney have rejected the discrimination allegations, arguing in their lawsuit that the Trump administration is trying to punish them for the content they broadcast.
The push to require early renewal came almost immediately after President Donald Trump called on ABC to fire late-night host Jimmy Kimmel over his comment that First Lady Melania Trump had a “glow like an expectant widow.”
The President called the remark a “despicable call to violence,” saying that Kimmel should be immediately fired. Kimmel responded, saying that the joke was intended to reference the couple’s 23-year age gap.
In their complaint, the companies allege that by requiring them to undergo an early renewal process, the federal government is “coercing and retaliating against a network that refuses to bow to the Administration’s demands.”
ABC and Disney have requested a temporary restraining order (TRO) against the FCC to prevent the federal agency from moving forward with license renewal procedures while the First Amendment case plays out in court.
U.S. District Judge Loren AliKhan issued an order Tuesday directing both parties to submit a proposed timeline for considering the company’s TRO request, as well as to alert her if the FCC takes action to revoke ABC’s licenses.
Reuters reports that the White House did not immediately respond to requests for comment from the press.
For five decades, the FCC had not ordered an early renewal. One day before ABC was told it would need to undergo early renewal, however, the FCC issued a similar order to Bridge News after investigating allegations that the broadcaster had transferred control of its stations without agency approval.
