Disney and ABC have accused the Federal Communications Commission (FCC) of employing the license renewal process to sidestep judicial review and exert maximum pressure on the network and company. Disney initially sued the FCC in August, alleging a retaliatory campaign against ABC concerning the agency’s early broadcast license renewal proceedings for eight ABC-owned stations earlier this year. According to the FCC, these stations need to demonstrate that they operate in the public interest as the agency reviews diversity, equity, and inclusion (DEI) practices.
In its latest filing, Disney argued that the FCC could have employed different methods to investigate Disney and ABC’s DEI practices without resorting to premature license renewals, implying it was designed to avoid legal scrutiny.
ABC and Disney filed a critical response against the FCC on Monday.
Disney asserted that there are various ‘theoretical’ tools that have been used by the FCC for decades, yet the agency opted for an unprecedented step by mandating early license renewals for all eight ABC-owned stations simultaneously. According to Disney, the defendants aimed to apply substantial pressure on the media company to curb its speech while circumventing judicial review.
Last week, during a court hearing, the FCC was instructed to provide a supplemental filing on alternative investigative methods. The FCC proposed that additional procedures would require federal court enforcement.
Disney’s filing noted that the FCC’s view of judicial review as an obstacle confirmed Disney’s claims of shielding their unconstitutional campaign against ABC from legal scrutiny.
FCC spokesperson Adam Jackman refuted Disney’s latest filing as an attempt to obstruct court proceedings.
Jackman stated, “Disney’s latest filing only confirms that they’ve filed a meritless case in the wrong court at the wrong time.” He added that Disney wants the district court to prevent the FCC from evaluating Disney’s compliance with broadcasting obligations, which the law does not permit.
The FCC intends to hold broadcasters accountable for their regulatory requirements.
Fox News Digital contacted ABC and Disney for comments. However, responses were not immediately available.
Disney and ABC have consistently criticized the FCC’s investigations as retaliatory acts due to content and hosts critical of President Donald Trump, such as late-night host Jimmy Kimmel.
Furthermore, the FCC has initiated a probe into ABC’s show “The View” to ensure compliance with the equal opportunity requirement for opposing political candidates.
Disney argues that “The View” qualifies as a bona fide news program exempt from this rule.
Lindsay Kornick is an associate editor for Fox News Digital. Story tips can be sent to [email protected] and on Twitter: @lmkornick.