What’s Next For ABC Vs. FCC: Lawsuit Looks To Put Trump Attacks On Trial, But The First Battle May Be About Timing

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What’s Next For ABC Vs. FCC: Lawsuit Looks To Put Trump Attacks On Trial, But The First Battle May Be About Timing

Deadline · 4 hours ago

ABC has sued the Federal Communications Commission, arguing that the regulator's investigations and license-review actions against the network form part of a Trump administration campaign to punish it for editorial decisions, in violation of the First Amendment. The case could become a significant test of the FCC's regulatory powers versus free speech protections, though its first stage is likely to focus on procedural questions rather than the underlying free-speech claims.

The dispute stems from the FCC's decision in late May to order early renewal reviews of ABC's eight owned stations, years ahead of schedule, which the agency said was prompted by an investigation into the network's diversity, equity and inclusion practices. ABC contends this is a pretext to retaliate against parent company Walt Disney Co. over programming choices, citing Donald Trump's public attacks and comments from FCC chairman Brendan Carr. Judge Loren L. AliKhan has scheduled a briefing timetable for next month and a hearing in October to decide whether to grant ABC a temporary restraining order, while the FCC is expected to argue the lawsuit is premature. The move has drawn support from First Amendment advocates and FCC Democrat Anna Gomez, while critics such as lawyer Daniel Suhr have dismissed it as an attempt to derail a legitimate investigation.

  • ABC sues FCC, alleging retaliation over editorial content violates First Amendment
  • Dispute follows FCC's early, unusual review of ABC's broadcast licences
  • Judge sets October hearing; FCC likely to argue case is premature

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