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Disney and ABC sue FCC over early license renewals, alleging “a retaliatory campaign”

The Walt Disney Company, ABC and their television stations sued the Federal Communications Commission on Tuesday, alleging the agency’s request to file for early license renewal violates their First Amendment rights and amounts to “a retaliatory campaign.”

The ABC licenses were originally scheduled for renewal between 2028 and 2031.

The lawsuit, filed in a federal court in Washington, D.C., seeks to halt the FCC’s early renewal request and stem the possibility of the agency intervening in or influencing ABC’s editorial decisions. The media companies allege that the agency’s regulatory actions are intended to punish ABC for “content and viewpoints the Administration dislikes” and threaten all broadcasters, not just ABC. 

“Acting through the Federal Communications Commission, the Administration has waged a retaliatory campaign against ABC for a single reason: it disapproves of what ABC broadcasts,” ABC wrote in the 45-page complaint.

The lawsuit comes after the agency in April ordered an accelerated review of Disney’s ABC-owned television stations, which it said was related to an ongoing investigation into the company’s diversity, equity and inclusion practices. The announcement followed President Trump’s call for late-night comedian Jimmy Kimmel to be fired over a joke he made about first lady Melania Trump. 

Mr. Trump has also previously said ABC should lose its broadcast license over the network’s coverage decisions. 

“Disney is obviously very concerned about the FCC’s proceeding, as evidenced by their ongoing campaign of disinformation as well as their decision to ask a court to stop the FCC from further pursuing matters,” an FCC spokesperson said in a statement to CBS News. “The FCC will continue to follow the facts and law wherever they lead.”

Experts previously told CBS News that the timing of the FCC’s order was “highly suspect” and likely related to the president’s call to fire Kimmel rather than the FCC’s DEI investigation.

Before its request to ABC, the FCC had not called for an early license renewal in over 50 years, according to Disney and ABC’s legal filing.

The agency has the authority to revoke broadcast licenses, but would face an extremely high legal bar, according to experts. Another course of action would be to decline to renew ABC’s licenses, although that would likely lead to a protracted legal battle. 

Disney declined to comment. The company owns eight TV stations, including WABC-TV in New York and KABC-TV in Los Angeles.

FCC commissioner Anna Gomez, a Democrat, applauded Disney’s lawsuit, writing in a statement that it should serve as a “welcome sign for every broadcaster who has felt the weight of this overreaching government pressure in silence.”


Original source: https://www.cbsnews.com/moneywatch/

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