ABC accuses FCC of attempted censorship over broadcast licenses

In its filing, ABC argued that the FCC cannot base license renewal decisions on the content of a station's programming, nor can it condition renewals on whether a broadcaster provided sufficient airtime to specific viewpoints or covered particular stories. The network called for the dismissal of conservative petitions seeking to deny its license renewals, deeming them meritless.

This dispute arises amidst a broader examination of FCC Commissioner Carr's media agenda, which has involved investigations and criticisms of broadcast outlets' programming choices and a stated aim to diminish the influence of national networks over their affiliated stations. To counter these actions, ABC has enlisted prominent litigators, including former U.S. Solicitor General Paul Clement and trial lawyer Beth Wilkinson.

Separately, ABC is defending its daytime show "The View" in another proceeding concerning whether its interviews qualify as "bona fide news," which would exempt it from FCC requirements for broadcasters to offer equal time to opposing political candidates. Commissioner Carr has indicated a revival of enforcement for this rule, which has largely been overlooked for decades concerning talk shows.

The FCC's broad legal authority to ensure broadcasters serve the "public interest" is supported by Supreme Court decisions. However, this authority has recently drawn scrutiny from some conservatives, including Justice Gorsuch, who, in a concurring opinion, raised concerns about potential abuses by appointed agencies like the FCC, suggesting that businesses out of favor with the White House might face investigations.