Trump admin fights ABC lawsuit as watchdogs worry Disney will settle with FCC

Ars Technica ·

The US Federal Communications Commission has urged a federal court to dismiss Disney's lawsuit against it, seeking to press ahead with a review that could ultimately see ABC's broadcast licences not renewed. Disney sued the FCC in August, accusing the agency of running a "campaign of censorship" against ABC in retaliation for content President Trump disliked, including material involving Jimmy Kimmel and The View. The case has taken on wider significance amid concern from watchdog groups that Disney could reach a settlement with the FCC that fails to protect the public interest.

In its court filing, the FCC insisted it remains "open-minded" and has made no decision, arguing the early licence review concerns only allegations of unlawful discrimination linked to Disney's diversity, equity and inclusion policies, and that Disney's responses to its inquiries had been "deficient and nonresponsive". The agency asked the court either to throw out the case entirely or deny Disney's request for an injunction to pause the review, also disputing the district court's jurisdiction. Separately, two watchdog groups and individual ABC viewers are seeking to intervene in the case, fearing a private settlement between Disney and the FCC; Disney has opposed their involvement, leaving a judge to decide whether they can join proceedings.

In short

  • FCC seeks dismissal of Disney's lawsuit over ABC licence review
  • Disney accuses FCC of a "censorship" campaign tied to Trump's grievances
  • Watchdogs fear a Disney-FCC settlement could sideline public interest

Steelman: both sides, in good faith

The strongest fair case each way — we don't pick a winner.

The case for

The FCC can argue that it has a duty to investigate credible concerns about whether a licence holder has complied with rules against unlawful discrimination, and that beginning a review does not prejudge its outcome. If Disney’s replies to its enquiries were inadequate, the agency may say it needs the process to continue so it can assess the matter on a proper record.

The case against

Disney can argue that the review is being used to pressure ABC over content disliked by the president, threatening editorial independence and chilling speech even before any licence decision is made. Watchdogs and viewers can also argue that because broadcast licences serve the public, they should have a chance to ensure any settlement protects the public interest rather than resolving the dispute solely between Disney and the FCC.

Explained simply

The Federal Communications Commission (FCC) regulates US broadcasters and grants licences to local television stations. ABC is owned by Disney, and its stations rely on those licences to broadcast. The FCC can review a licence when questions arise about whether a broadcaster has followed the rules.

The dispute is about the FCC’s scrutiny of Disney and ABC, and Disney’s claim that the agency is targeting the broadcaster because of content disliked by President Trump. The FCC says its review concerns allegations linked to Disney’s diversity policies and that it has not reached a decision. The case matters because it could affect how regulators oversee broadcasters and how much protection viewers have if a company and regulator settle a dispute privately.

Software

Read the full article at the source →

Log in to join the discussion