ABC And Disney Sues FCC Over Alleged First Amendment Violations
The ABC network has sued the Federal Communications Commission in federal court this week. ABC and its corporate parent, The Walt Disney Company, are alleging major First Amendment infractions, arguing that the Trump administration has violated their free speech rights by launching investigations and challenging the network’s broadcast licenses in retaliation for its news coverage, late-night satire, and views on talk shows, according to reports.
ABC and Disney allege that the FCC is working to appease President Trump due to the fact that he has repeatedly called out the network to be stripped of its licenses because of material that he viewed as unfavorable to himself and his administration.
“Government censorship is deeply un-American,” the lawsuit begins.
Within the suit itself are Trump’s social media posts which condemn ABC’s news coverage, talk show The View, and late-night host Jimmy Kimmel, who has often gone back and forth with the president.
The lawsuit continues to point out that the government “may not use the power of the State to punish or suppress disfavored expression.”
“The case concerns the Administration’s sustained effort to do just that. The Administration has waged a retaliatory campaign against ABC for a single reason: it disapproves of what ABC broadcasts.”
ABC and Disney together own eight local TV stations, and among them are stations in six of the United States’ largest markets which contribute significantly to ABC’s bottom line, NPR reports.
These shows require federal licenses because they rely on the public airwaves, but the FCC forces all eight of them to undergo early scrutiny within the renewal process, years ahead of schedule.
FCC Chairman Brendan Carr stated in an interview with NPR this week that Disney and ABC were “jumping the gun,” because the agency has not made any decision about whether to renew the licenses.
“Disney seems a little jumpy right now. Disney has chosen to go to court to try to block the FCC from moving forward with respect to at least some of the procedural options that are in front of the agency. But from our perspective, we’re going to continue to follow the facts and the law wherever they may lead. Perhaps Disney is concerned or worries about how the record is developing,” Carr said.
“Ultimately, they’re going to get a fair shake before the agency.”
This lawsuit and the FCC’s decision is being regarded as unprecedented. Traditionally, the commission has acted with the president party holding three seats and the opposing party with two. However, before Trump took office for his second term, he publicly stated that he saw the FCC as an extension of the executive branch.
Carr stated that he makes sure broadcasters operate in the public interest without violating Trump’s executive order regarding diversity, equity, and inclusion. He also has been vocal over his support of Trump’s views and criticisms of ABC, Kimmel, The View, and the network’s journalists in general.
When Trump called for Kimmel to be pulled off the air, Carr said that ABC and Disney could “do this the easy way or the hard way.” The host was suspended and returned to air days later after public backlash and calls of First Amendment violations.
With Trump consistently speaking out against ABC, The View, Kimmel, and its journalists, as the parent company Disney has decided to speak out against the president’s attempts to take over the programs.
“We’re very principled on this,” Disney CEO Josh D’Amaro told CNBC.
“We’re going to stand up to what we believe is journalistic integrity, and we’re not going to be told how to run that side of our business.”
Eric Mastrota is a Contributing Editor at The National Digest based in New York. A graduate of SUNY New Paltz, he reports on world news, culture, and lifestyle. You can reach him at eric.mastrota@thenationaldigest.com.