FCC Asks Court to Dismiss ABC's First Amendment Suit Over Its License Review

The Federal Communications Commission asked a Washington, D.C. federal court to dismiss ABC's First Amendment lawsuit accusing the agency of waging a "retaliatory campaign" against the network. ABC's Aug. 18 suit challenged Chairman Brendan Carr's April order forcing early renewal review of ABC's eight owned-and-operated stations — the first such early review in more than 50 years — issued after Trump's criticism of the network, including the brief suspension of host Jimmy Kimmel. The FCC argued the suit is premature because it has not yet moved to strip any license, and said dismissal is needed to preserve its "efforts to investigate and resolve serious allegations that Disney has engaged in unlawful discrimination."

The filing tests whether a broadcast regulator can use its license-renewal authority to pressure a network over disfavored programming without violating the First Amendment, and is the latest step in a broader pattern of federal pressure on major networks following the Kimmel controversy.

U.S. District Judge Loren AliKhan has set an October 6 hearing in the case, which remains pending.