ABC Sues Trump’s FCC Alleging It Violated Network’s Free Speech

Key Facts

ABC and parent company Disney filed a lawsuit against the FCC and its commissioners in federal court in Washington, D.C., which alleges the Trump administration is trying to “punish Plaintiffs for their editorial judgments and coverage of the current administration.”

Carr has threatened the FCC could suspend broadcast licenses for ABC affiliates across the country—something that Trump has long pushed for—and ABC wants the court to block the FCC from doing so and rule that the move is a retaliatory attack against the network.

The White House has particularly taken issue with ABC’s “Jimmy Kimmel Live” and “The View” and their criticism of the president, with Trump also slamming the network and NBC for not airing his July 16 speech and saying it should warrant “a revocation of their licenses.”

Carr has publicly threatened he could revoke ABC and other networks’ broadcast licenses as Trump has demanded, telling the FT in May about the possibility the FCC could pull ABC affiliates off the air: “If you didn’t take us seriously, now you should.”

The Trump administration “has steadily increased the pressure on ABC,” the network argues in its lawsuit, alleging the government is reviewing the affiliates’ broadcast licenses years ahead of schedule, which suggests the true purpose of the review is “coercing and retaliating against a network that refuses to bow to the Administration’s demands.”

The White House and FCC have not yet responded to requests for comment.

Crucial Quote

“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,” the lawsuit alleges. It goes on to allege if the administration accomplishes its goal of revoking ABC’s broadcast licenses, “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. In such a world, the press could in no way be described as free.”

What to Watch for

ABC’s lawsuit notes the FCC could start the formal process to adjudicate the network’s broadcast licenses “any day now,” after previously asking for formal public comment on the issue. The network argued Tuesday that if it decides to review the licenses, it’s likely that “the only outcomes on the table are adverse to Plaintiffs”—whether that’s pulling networks off the air entirely, or “intentionally prolong[ing] the adjudicative process, miring ABC in years of costly litigation.” The lawsuit asks for the court to hold a “speedy hearing” and block the FCC from moving forward with license renewal proceedings while the litigation proceeds.

Surprising Fact

ABC notes in its lawsuit that even Republican lawmakers allied with Trump have publicly opposed the Trump administration’s public threats against the network. Sen. Ted Cruz, R-Texas, has said the FCC is acting like a “mafioso” by threatening ABC’s licenses, while Sen. John Kennedy, R-La., said at a hearing earlier this month, “Sometimes the FCC scares me right now.” The GOP senator added, “I don’t like some of the stuff that is said on television, but what business is it of the FCC?”

This story is breaking and will be updated.