Disney and ABC accused the Federal Communications Commission on Monday of using an extraordinary review of the network’s broadcast licenses to pressure the company over its editorial decisions, rather than pursuing less intrusive enforcement options.
In a new federal court filing, Disney challenged the Trump administration’s justification for ordering early license renewals for all eight ABC-owned television stations, years before their licenses were set to expire. At issue is whether the FCC is pursuing a legitimate regulatory investigation or retaliating against a broadcaster over programming that has drawn criticism from President Donald Trump.
Disney’s attorneys pointed to government attorneys’ acknowledgment during an Oct. 6 hearing that other enforcement tools were available, arguing that the agency’s decision not to use them undermined its stated justification for the reviews.
“Defendants sought to inflict maximal coercive pressure on the media company whose speech the Administration sought to curb, while deliberately evading judicial review,” Disney’s attorneys wrote.
The FCC has maintained that the reviews stem from an investigation into possible violations of federal anti-discrimination laws involving Disney’s employment practices. Government attorneys have also argued that the district court lacks jurisdiction and that Disney has failed to demonstrate irreparable harm.
Disney argued Monday that the agency could have pursued administrative subpoenas, monetary penalties, cease-and-desist orders or other enforcement measures instead of early license renewals. Its attorneys said some of those alternatives would have required the FCC to seek enforcement in federal court, opening those enforcement actions to judicial review.
The FCC ordered the reviews on April 28, requiring ABC to submit applications by May 28, even though the stations’ existing licenses were not scheduled for renewal until 2028 through 2031. Disney complied under protest before suing the agency in August.
The company is seeking a preliminary injunction blocking the early reviews while its lawsuit proceeds.
TheWrap has reached out to the FCC for comment on Monday’s filing.
