ABC Sues FCC Over Threats to Free Speech and Broadcast Licenses

ABC has filed a lawsuit against the Federal Communications Commission (FCC) in an effort to stop the agency's efforts to challenge its broadcast licenses and the content of popular daytime talk show The View. The suit, which was filed on Tuesday in D.C. District Court, asks the court to grant a temporary restraining order and preliminary injunction to prevent the FCC from proceeding with early renewal proceedings for ABC's eight broadcast stations.

According to the lawsuit, the FCC's actions are a clear threat to free speech, as they aim to silence ABC's programming that is deemed unfavorable to the administration. The network claims that the FCC's true target is not the stations' employment practices or carriage of a single presidential address, but rather the content of their programming.

“The consequences of the Administration’s campaign against free speech reach well beyond ABC. If the Administration gets its way, the message to every media company in the country will be unmistakable: tell only the stories the Administration deems favorable, or face the coercive machinery of the federal government,” the suit reads.

ABC's lawsuit notes that the FCC has called for an early renewal of the network's broadcast licenses, which is unprecedented and aimed at parent company Disney's Diversity, Equity, and Inclusion (DEI) policies. The network claims that this move is a clear attempt to silence ABC's programming and impose the administration's views on the media landscape.

“Until the day before that order was issued, the Commission had not called for a renewal application ahead of schedule in more than half a century. Nor had it ever demanded simultaneous early renewal applications from a group of stations commonly owned with a single broadcast network — much less stations with the record of public service and award-winning journalism like these stations,” the suit notes.

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The lawsuit also highlights the FCC's separate proceeding regarding The View, which argues that the show is not a “bona fide” news program and therefore is not exempt from FCC equal opportunity rules. ABC claims that this move is an attempt to silence the show's hosts and guests, particularly in light of James Talarico's appearance on the program in February.

“ABC was aware that the President wanted the address to be broadcast live, and considered the risk of resulting Administration retaliation. ABC ultimately decided to livestream the speech on ABC News LIVE, which it ordinarily would not have done,” the suit reads.

The lawsuit concludes that any adjudication This would effectively silence ABC's programming and impose the administration's views on the media landscape.

“In either scenario, the Administration accomplishes its goal of eliminating a perceived media critic: either it gets Plaintiffs to fall in line, or it silences them if they refuse,” the suit reads.