ABC Accuses FCC of Unprecedented Retaliation in Broadcast License Review

ABC has mounted a forceful legal challenge against the Federal Communications Commission’s review of its eight owned-and-operated television stations, arguing the action constitutes government retaliation against protected speech and threatens First Amendment rights for all media organizations.

In a filing submitted Thursday to the FCC, ABC described the agency’s review as “unprecedented” and accused regulators of targeting the network because they “dislike the content and viewpoints expressed” on its programming.

“The retaliation against ABC is a signal to every media company in the country: Accommodate the administration’s view of what news coverage should look like or pay the price,” the network stated.

The dispute centers on the FCC’s review of ABC’s local broadcast licenses serving major markets including New York, Los Angeles, Chicago, Philadelphia, and San Francisco. FCC Chairman Brendan Carr announced the review in April, citing concerns over the company’s diversity and inclusion policies.

ABC argues that federal law permits the government to revoke broadcast licenses only after demonstrating a pattern of significant violations of FCC rules — not because of disagreements over programming or editorial viewpoints. The network also noted that more than 150,000 comments were submitted to the FCC regarding the review, with the overwhelming majority supporting ABC’s position.

In recent weeks, ABC has aired advertisements encouraging viewers in affected markets to contact the FCC and oppose any effort to revoke the stations’ licenses. The legal battle has drawn criticism from former FCC officials who served under both Republican and Democrat administrations, describing the proceeding as “an assault on free speech disguised as regulatory process.”

Disney has assembled a high-profile legal team, including former U.S. Solicitor General Paul Clement, to defend ABC in its challenge. Following the 2020 election, several progressive advocacy organizations and Democrat-aligned activists urged the FCC to investigate whether Fox-owned television stations should have their broadcast licenses reviewed or revoked, arguing that Fox News’ coverage of election fraud claims raised questions about whether the company met the FCC’s public interest standard for holding broadcast licenses.

The FCC under the Biden administration moved quickly to reject those efforts, emphasizing it does not regulate editorial decisions of cable news networks and that legal standards for revoking a broadcast license are narrow and well established. The agency also noted it does not act as the “speech police” and that the Communications Act and First Amendment impose significant limits on government interference with news content.

The FCC ultimately dismissed or declined to pursue the license-related petitions, finding the allegations did not provide a legal basis for revoking or denying renewal of Fox-owned broadcast licenses. Several FCC chairmen, including Mark Fowler (who served under former President Ronald Reagan) and Alfred C. Sikes (who served under former President George H.W. Bush), have warned that Chairman Carr is moving the agency toward illegal censorship.

“This early license renewal proceeding is unprecedented in the history of the Federal Communications Commission and a grave violation of both the Communications Act and the Constitution,” the coalition of FCC chairs wrote.