Key facts
- A federal judge appeared skeptical of the FCC's early review of ABC's eight broadcast licenses.
- ABC sued the FCC, claiming the review is retaliation for coverage President Trump objects to.
- The lawsuit alleges FCC Chair Brendan Carr's review is a response to critical comments by Jimmy Kimmel and ABC's role in hosting a presidential debate.
- Judge Loren AliKhan questioned the FCC's claim that the review is tied to a discovery dispute in a discrimination investigation.
- The FCC maintains the review is based on evidence of discriminatory hiring practices, not politics.
A federal judge on Tuesday expressed doubt about the Federal Communications Commission's (FCC) move to conduct an early review of ABC's eight broadcast licenses. U.S. District Judge Loren AliKhan indicated that the court might intervene in the FCC's order to review the licenses years ahead of schedule, appearing to agree with ABC's arguments.
AliKhan questioned the FCC's assertion that the review is linked to a discovery dispute within a discrimination investigation concerning ABC's diversity, equity, and inclusion (DEI) practices. "It strikes me with all the comments that we have from the president and from Commissioner Brendan Carr that this is merely over a discovery dispute," AliKhan stated during the hearing, adding that she wondered what made this particular dispute different enough to warrant an early license renewal.
ABC filed a lawsuit against the FCC, seeking to prevent the review that could potentially lead to the revocation of its broadcast licenses, which are held by Disney. The network contends that the FCC's action is retaliatory, stemming from coverage that President Donald Trump has objected to. The lawsuit compiles a timeline of Trump's public comments urging FCC action and Carr's subsequent agreement to review the licenses, arguing that the FCC's scrutiny violates ABC's and Disney's free speech rights.
FCC Chair Brendan Carr has defended the review, denying claims of "attempted censorship." He insists the review is based on evidence of discriminatory hiring practices within ABC, not political motivations. Carr stated that broadcasters have an obligation to operate in the public interest and are barred from discriminatory practices. An FCC spokesperson echoed this, asserting that broadcasters must serve the public interest and not "narrow or partisan interests of a political party."