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yesterday

Disney and ABC Sue Over FCC’s Unprecedented Early Review of Eight ABC Station Licenses

The companies say the rare licensing action is retaliatory and ask a court to bar the agency from using license leverage to influence news coverage.

A logo for ABC is pictured atop a building in Burbank, California February 5, 2014. REUTERS/Mario Anzuoni/File Photo
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Overview

  • The Federal Communications Commission ordered early license reviews for eight Disney‑owned ABC stations in April, a move the agency has not taken in more than 50 years.
  • Disney and ABC filed a First Amendment lawsuit in August and on Sept. 17 opposed the FCC’s motion to dismiss, calling the review a punitive “broadcaster death penalty” aimed at policing viewpoints.
  • The FCC says the early reviews stem from an active probe into possible violations including unlawful discrimination and diversity, equity and inclusion practices and has asked the court to dismiss the case.
  • Judge Loren L. AliKhan has scheduled a hearing for the week of Oct. 5–6 to decide the agency’s dismissal request and ABC/Disney’s bid for an injunction blocking the early‑review process.
  • Nearly 20 former FCC officials and several free‑speech groups have filed amicus briefs supporting ABC, and the outcome could shape limits on regulatory leverage over broadcasters and on when courts can intervene in agency actions.