ABC tells judge FCC license review was retaliatory
ABC says the FCC chose an early license review to pressure the network, while the agency calls it its best tool in a DEI inquiry.
By Georgia Hale · Staff Writer
2 min read
ABC told a federal judge that the FCC’s decision to pursue an early license review, rather than other enforcement options, points to what the network calls retaliation for speech the administration disliked.
In a Monday court filing, ABC asked the court to stop the proceedings while its case moves ahead. The network argues that the FCC action punishes First Amendment-protected speech by ABC News, late-night host Jimmy Kimmel and other programming that ABC says President Donald Trump disfavors, according to Deadline.
Why is ABC challenging the FCC license review?
ABC’s lawyers argued that the FCC passed over less intrusive ways to seek documents and instead selected a process designed to apply the greatest pressure on the company. That, ABC contends, supports its allegation of a retaliatory motive. The allegation is ABC’s litigation position; the court has not ruled on it.
The FCC began the early renewal proceeding in April. The agency said the move followed what it considered insufficient responses from ABC during an anti-discrimination investigation into the company’s diversity, equity and inclusion practices, Deadline reported.
U.S. District Judge Loren AliKhan requested further detail from the FCC after a two-hour hearing last week, asking the agency to identify other ways it could have compelled responses to its document requests.
What alternatives did the FCC identify?
In its Friday filing, the FCC said early renewal was the “best tool” available for the job. It acknowledged that it could have used administrative subpoenas, monetary penalties or hearings.
The government said subpoenas and fines would require enforcement by the Justice Department. It also said the early renewal proceeding gave the public a chance to comment.
- Administrative subpoenas
- Monetary penalties
- Hearings
ABC countered that the agency’s explanation for declining those options reinforced the network’s claim that officials sought maximum coercive pressure while avoiding judicial review, according to Deadline.
The network is seeking a preliminary injunction to halt the license-review proceedings. Judge AliKhan had not said when she would decide that request, Deadline reported.
This story draws on original reporting from Deadline.