The legal battle between ABC and the Federal Communications Commission has attracted attention from media watchdogs who aim to enter the First Amendment lawsuit.
On Monday, Frequency Forward and the Media Action Center, as well as several ABC stations’ viewers, filed a motion to intervene as plaintiffs in the ABC-FCC case with the goal of ensuring viewers’ First Amendment rights are represented.
Together, the two groups and individuals seek to join the case that was kickstarted last week by ABC after filing a suit that claims the Trump administration has “waged a retaliatory campaign” against the network over its broadcasts. The suit also aims to block the FCC “from taking or threatening to take any action” against Disney, ABC and its eight owned-and-operated television stations in connection with early license renewal applications.
The groups argue that both as “FCC watchdog non-profits and regular viewers,” they are “harmed by the FCC’s actions and face further harm to the extent the plaintiffs continue to succumb to the agency’s pressure, possibly by negotiating a settlement which limits the content provided by the ABC stations,” per the motion.
“The public airwaves belong to We the People, not to Disney, the ABC stations that it owns, or its shareholders,” Media Action Center founder Sue Wilson said. “We have already taken steps through the FCC’s process to block backroom deals should Disney’s corporate interest and the public interest diverge. Joining Disney’s lawsuit to fight back against government intimidation and censorship gives viewers a voice in the process and makes clear that their First Amendment rights cannot be negotiated away behind closed doors.”
“As Disney makes clear in its lawsuit, the FCC’s censorship campaign is not just harming ABC; it is harming ABC viewers,” said Art Belendiuk, the petitioners’ legal counsel. “Every day, the stations face a choice between exercising independent editorial judgment at the risk of losing their licenses or capitulating to the Trump Administration. That pressure is already affecting newsroom and programming decisions, and is why we are fighting to intervene on behalf of viewers to protect their First Amendment right to the uncensored and fair programming and reporting they have enjoyed for years.”
Prior to Monday’s filing, the groups had previously filed a petition to deny in the FCC’s ABC early license renewal proceeding to protect viewers’ rights, which has made its way to federal court.
In response to ABC’s suit, the FCC accused the Disney-owned company of crafting an “ongoing campaign of disinformation.”
“All broadcasters have a legal obligation to operate in the public interest—even Disney. The FCC has been examining claims that Disney engaged in illegal DEI discrimination for over a year,” an FCC spokesperson told TheWrap. “Disney is obviously very concerned about the FCC’s proceeding, as evidenced by their ongoing campaign of disinformation as well as their decision to ask a court to stop the FCC from further pursuing matters. The FCC will continue to follow the facts and law wherever they lead.”
