Disney sues FCC and its chair, escalating fight against Trump's chief censor - Ars Technica
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Disney today sued the Federal Communications Commission and FCC Chairman Brendan Carr in a lawsuit that aims to stop what it called a “campaign of censorship” waged by the Trump administration against ABC.
Disney, ABC, and the eight broadcast stations they own filed a complaint in US District Court for the District of Columbia. They also submitted a motion for a temporary restraining order and preliminary injunction that would halt the FCC proceeding in which Carr is threatening to deny renewals of broadcast licenses held by ABC stations.
The lawsuit accused the FCC of violating the First Amendment by retaliating against the company’s protected expression. “Again and again, the Administration has attacked ABC’s speech—the stories its journalists report and the viewpoints its network programs air,” the lawsuit said. “Over time, those attacks have escalated into express demands that ABC be stripped of its broadcast licenses because of its speech.”
The lawsuit asked the court to halt any further actions in the early license review that Carr ordered for all eight ABC stations. In particular, it asked the court to prevent the FCC from issuing a Hearing Designation Order that would all but guarantee a negative outcome for the ABC stations.
FCC left Disney “no choice”
While ABC station licenses are scheduled for renewals between 2028 and 2031, Carr took the highly unusual step of ordering the stations to file renewal applications several years early. Revoking a license in the middle of a term has been described as somewhere between difficult and effectively impossible.
Despite the legal difficulty of revoking a license, Disney’s lawsuit said the FCC could use a hearing “to deny license renewal or immediately revoke the Stations’ licenses, forcing Plaintiffs off the air entirely, as the President has repeatedly demanded.” Even if the FCC doesn’t go that far, it can “mir[e] ABC in years of costly litigation, with the threat of adverse action ever present and with every editorial judgment shadowed by the prospect of provoking the Administration into further retaliation,” the lawsuit said.
“Facing this existential threat, Plaintiffs have no choice but to seek redress from the judicial branch for the Administration’s blatant retaliation for their First Amendment speech,” the lawsuit said. “Plaintiffs come to this Court reluctantly with no alternative means to eliminate these ongoing and immediate threats other than total capitulation to the Administration’s demands.”
Carr ordered the review of ABC’s broadcast licenses in April, one day after Trump and the first lady called on ABC to fire Jimmy Kimmel over a joke in which he said Melania Trump looked like an “expectant widow.” The Carr FCC claims the license review is necessary because ABC’s diversity, equity, and inclusion (DEI) practices may violate anti-discrimination rules.
The Carr-led FCC today accused Disney of spreading disinformation.
“All broadcasters have a legal obligation to operate in the public interest—even Disney,” an FCC spokesperson said in a statement provided to Ars. “The FCC has been examining claims that Disney engaged in illegal DEI discrimination for over a year. 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. The FCC will continue to follow the facts and law wherever they lead.”
FCC Democrat roots Disney on
In addition to Carr, Disney’s lawsuit names the other FCC commissioners as defendants. That includes Democrat Anna Gomez, though Gomez has consistently fought Carr’s attacks on ABC and spoke out in support of Disney’s lawsuit. Disney even cited some of Gomez’s comments to support its argument about the Trump administration.
“For months, the FCC has waged a campaign of censorship and control against Disney’s ABC stations, using the threat of broadcast license revocations to punish a company for speech this administration doesn’t like,” Gomez said in a statement today. “I have long called on companies to push back against this kind of government intimidation, and I’m glad Disney has shown courage and stepped up. This should be a welcome sign for every broadcaster who has felt the weight of this overreaching government pressure in silence.”
The Disney lawsuit gives a history of the Trump administration’s attacks on ABC. It notes that after the...