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Disney and ABC accused the Federal Communications Commission (FCC) on Monday of using the license renewal process to circumvent “judicial review” and inflict “maximal coercive pressure” against the network and company.
Disney originally sued the FCC in August over what it claimed was a “retaliatory campaign against ABC” regarding the agency’s early broadcast license renewal proceedings for eight ABC-owned stations earlier this year. The stations, according to the FCC, must demonstrate they are operating in the public interest as the agency investigates diversity, equity and inclusion (DEI) practices.
However, in Disney’s latest filing, the company asserted that the FCC could have used “a number of different tools” to investigate Disney and ABC’s DEI practices that did not involve forcing stations to renew their licenses years ahead of schedule, suggesting it was done to avoid legal scrutiny.
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ABC and Disney filed another scathing response against the Federal Communications Commission (FCC) on Monday. (Gary Hershorn/Getty Images)
“These are not merely ‘theoretical’ tools … they have been used by the agency for decades,” the filing read. “Yet the agency tried none of those less intrusive tools here, instead taking the unprecedented step of calling for early license renewal of all eight ABC-owned stations at once. Defendants’ own admissions leave no doubt as to why — Defendants sought to inflict maximal coercive pressure on the media company whose speech the Administration sought to curb, while deliberately evading judicial review.”
Disney cited a court hearing last week in which the FCC was instructed to provide a supplemental filing on alternative methods the agency could have used. During the hearing, the FCC suggested that additional procedures would have required federal court enforcement.
“That Defendants openly describe judicial review as an obstacle demonstrates what Plaintiffs have been saying all along: shielding their unconstitutional campaign against ABC from judicial review is part of Defendants’ retaliatory strategy,” the filing read.
In a comment to Digital, FCC spokesperson Adam Jackman dismissed the latest filing as an effort to block the FCC in court procedures.
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ABC and Disney accused the FCC of launching a retaliation campaign against the company on behalf of the Trump administration. (Kevin Dietsch/Getty Images)
“Disney’s latest filing only confirms that they’ve filed a meritless case in the wrong court at the wrong time,” Jackman said. “They want a district court to prevent the FCC from even considering whether Disney has complied with its longstanding obligations as a broadcaster. The law does not allow that. The FCC will continue to hold broadcasters accountable to their regulatory obligations.”
Digital also reached out to ABC and Disney for comment but did not immediately receive a response.
Disney and ABC have repeatedly attacked the FCC’s probes and investigations into the company as a form of retaliation over programs and hosts that are critical of President Donald Trump, such as late-night host Jimmy Kimmel.
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The FCC also launched a probe into ABC’s daytime talk show “The View.” (Lou Rocco/Getty Images)
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In addition to the license renewal proceedings, the FCC has launched a probe into the ABC daytime talk show “The View” based on the agency’s demand that broadcast stations adhere to the equal opportunity requirement stating opposing political candidates receive equal time. Disney has maintained that “The View” is a “bona fide news” program exempted from the rule.
