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Disney and ABC Accuse FCC of Using License Renewal to Inflict 'Maximal Coercive Pressure'
Disney and ABC filed a new court document arguing the FCC bypassed less intrusive investigative tools and sought early license renewals for eight ABC-owned stations to punish the network for critical speech while evading judicial review.
Disney and ABC accused the Federal Communications Commission of using the broadcast license renewal process to bypass judicial review and apply «maximal coercive pressure» on the network, according to a court filing submitted Monday in the company's ongoing lawsuit against the agency.
The dispute centers on the FCC's decision earlier this year to call for early license renewal proceedings for eight ABC-owned stations. The agency has said the stations must demonstrate they are operating in the public interest as it investigates Disney's diversity, equity and inclusion practices. Disney originally sued the FCC in August, describing the proceedings as a «retaliatory campaign against ABC.»
In the latest filing, Disney argued that the FCC had «a number of different tools» available to examine its DEI practices without forcing stations to renew their licenses years ahead of schedule. The company suggested the unusual step was taken to avoid legal scrutiny.
«These are not merely 'theoretical' tools... they have been used by the agency for decades,» the filing states. «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.»
Disney pointed to 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 that hearing, the FCC indicated 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.
FCC spokesperson Adam Jackman dismissed the filing, saying it confirms Disney has brought a meritless case in the wrong court at the wrong time. «They want a district court to prevent the FCC from even considering whether Disney has complied with its longstanding obligations as a broadcaster,» Jackman said. «The law does not allow that. The FCC will continue to hold broadcasters accountable to their regulatory obligations.»
Disney and ABC have repeatedly characterized the FCC's investigations as retaliation over programs and hosts critical of President Donald Trump, including late-night host Jimmy Kimmel. The company has argued that the agency's actions amount to an attempt to suppress speech.
Beyond the license renewal proceedings, the FCC has opened a probe into the ABC daytime talk show «The View» based on the equal opportunity requirement that broadcast stations provide opposing political candidates equal time. Disney has maintained that «The View» is a «bona fide news» program exempt from the rule.
The case is being watched closely by broadcasters and First Amendment advocates, who see it as a test of how far the government can go in scrutinizing media companies over their programming and internal policies. The FCC's authority to review license renewals is longstanding, but the decision to accelerate the process for eight stations simultaneously has drawn unusual attention.
Conservative groups have also weighed in, with some urging the FCC to back off the ABC license review and warning that aggressive action could ultimately harm right-leaning media outlets by establishing a precedent for political pressure on broadcasters.
Disney's lawsuit remains pending, and the court has not yet ruled on the central claims. The supplemental filing from the FCC is expected in the coming weeks.
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