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FCC’s early ABC licence review branded free speech assault by former chairs
Developed over time first seen 4 months ago
A coalition of former FCC chairs and senior officials, spanning both Republican and Democratic administrations, has filed formal opposition to Chairman Brendan Carr's early review of ABC's broadcast licences, branding it "an assault on free speech disguised as regulatory process." The Tuesday filing, signed by past chairs including Mark Fowler and Dennis Patrick (Reagan), Alfred Sikes (George W. Bush) and Thomas Wheeler (Obama), argues the proceeding was launched a day after President Trump and the First Lady criticised a Jimmy Kimmel joke about them, and accuses Carr of having prejudged the outcome as part of a broader campaign to suppress disfavoured speech.
The FCC ordered all eight ABC-owned stations to file renewal applications at the end of May, years ahead of their 2028 expiry, with Carr citing an ongoing probe into Disney's diversity, equity and inclusion policies; ABC complied but called the move "an extraordinary demonstration of power and coercion." The former officials also criticised campaign groups the Center for American Rights and the Media Research Center for urging the FCC to deny renewal over editorial choices, arguing this improperly targets First Amendment-protected discretion. More than 141,000 public comments have been submitted in the proceeding, with ABC's reply deadline falling on the Wednesday after the filing, and no further developments reported since.
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In short
- Former FCC chairs call ABC licence review a free speech "assault"
- Filing says Carr prejudged outcome amid Kimmel joke fallout
- Over 141,000 public comments filed; ABC reply deadline has passed
How this story developed
- 4 months ago The dispute widened beyond the original chairs' filing as former FCC commissioners themselves lodged a separate rebuke of Carr's order, framing his DEI-linked justification as cover for enforcing ideological conformity while advocacy groups counter that broadcasters must still meet public interest obligations.
- 4 months ago A bipartisan coalition of former FCC chairs, including Mark Fowler, Dennis Patrick, Alfred Sikes and Thomas Wheeler, filed a Tuesday brief accusing Chairman Brendan Carr of prejudging his early review of ABC's broadcast licences to punish criticism of Trump aimed at Jimmy Kimmel's show, with over 141,000 comments logged and ABC's rebuttal due Wednesday.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
The FCC has statutory responsibility to review whether broadcasters meet their public interest obligations, and examining corporate practices affecting editorial standards is legitimate regulatory work. The review process is open and transparent with full public participation, and inquiry into policy impacts is distinct from content control.
The case against
The timing—immediately following presidential criticism of ABC's editorial content—combined with the rationale focusing on diversity policies suggests retaliatory political motivation rather than routine oversight. Using broadcast licensing power to pressure networks over editorial discretion threatens First Amendment protections for journalism and establishes a dangerous precedent for government retaliation against disfavoured speech.
Explained simply
Since 2023, the Federal Communications Commission (FCC) has become a focal point for disputes over broadcast regulation and free speech under President Trump's second administration. The FCC issues and renews the licences that local television stations need to operate, and it is currently chaired by Brendan Carr, a Trump appointee who has taken a more assertive approach to reviewing broadcasters' conduct than his predecessors. ABC, owned by Disney, is one of the major US television networks and holds licences for several local stations that are now subject to unusually early scrutiny.
The case has drawn in a broad range of former FCC leaders, including officials who served under both Republican and Democratic presidents going back to the 1980s. Their involvement reflects long-standing concerns, shared across the political spectrum, about the FCC being used to pressure broadcasters over editorial content rather than for routine regulatory purposes. The First Amendment, which protects freedom of speech and of the press in the United States, is central to this debate, as it generally limits the government's ability to interfere in what broadcasters choose to air.
This dispute matters because it touches on the balance of power between a federal regulator and the media companies it oversees, at a time when tensions between the Trump administration and parts of the press have been running high. Broadcast licences are essential for local television stations to keep operating, so any threat to their renewal carries real financial and operational stakes for ABC and its affiliates, beyond the immediate political controversy.
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Originally published by Deadline as “Former FCC Chairs And Officials Call Agency’s Early Review Of ABC Licenses “An Assault On Free Speech Disguised As Regulatory Process””.