Disney says FCC used early license reviews to pressure ABC
Disney and ABC told a federal judge that the FCC used early license reviews of eight ABC stations to pressure the network and avoid court review, Deadline and Fox News reported. Disney wants the reviews stopped. An FCC spokesperson told Fox News that Disney had filed "a meritless case in the wrong court at the wrong time."
Disney and ABC told a federal judge in a Monday court filing that the Federal Communications Commission ordered early license reviews of eight ABC-owned TV stations to pressure the network while dodging court review, Deadline and Fox News reported.
The FCC called for the early renewals in April, years ahead of schedule, saying the network had not fully answered questions in an investigation into its diversity, equity and inclusion practices, the outlets reported. Disney sued the agency in August, calling the reviews retaliation, Fox News said.
At a hearing the week before, U.S. District Judge Loren AliKhan asked the FCC to list other ways it could have made the network comply, Deadline reported. In a Friday filing, the agency said early renewal was the "best tool for the task," while acknowledging it could have used subpoenas, fines or hearings, according to Deadline.
Disney's lawyers said that answer proved their point. "Defendants sought to inflict maximal coercive pressure on the media company whose speech the Administration sought to curb, while deliberately evading judicial review," the filing said, according to both outlets.
Subpoenas and fines would have required Justice Department enforcement, the government said, according to Deadline. "That Defendants openly describe judicial review as an obstacle demonstrates what Plaintiffs have been saying all along," the filing said, according to Fox News.
ABC says the reviews punish speech by its news division, late-night host Jimmy Kimmel and other programming disliked by President Donald Trump, Deadline reported. The network is seeking a preliminary injunction to halt the reviews.
FCC spokesperson Adam Jackman told Fox News that "Disney's latest filing only confirms that they've filed a meritless case in the wrong court at the wrong time." He added, "The FCC will continue to hold broadcasters accountable to their regulatory obligations."
The FCC also argues that a federal appeals court, not the district court, should hear the case, Deadline reported. The judge has not said when she will rule.
What we know: Disney wants a preliminary injunction to stop the early reviews of eight ABC stations.
What we don't: When Judge AliKhan will rule.
Where outlets agree Deadline and Fox News both report that Disney's filing accuses the FCC of seeking to "inflict maximal coercive pressure" while evading judicial review.
Where they differ The outlets cited here report the same key facts so far.