Judge questions FCC review of ABC broadcast licenses in First Amendment hearing

Hearing in Washington federal court

A federal judge heard oral arguments on Tuesday in a First Amendment lawsuit brought by ABC against the Federal Communications Commission. The Walt Disney Company, which owns the broadcast network, asked the court to block an early renewal process targeting eight television station licenses. U.S. District Judge Loren AliKhan in Washington questioned the agency's justification for ordering the early review, noting public remarks from executive branch officials. The commission argued that its action stemmed from an inquiry into Disney's diversity, equity, and inclusion employment practices and an associated discovery dispute. Judge AliKhan pressed government counsel on why this specific inquiry led to an accelerated review when other licensees routinely handle discovery disputes without facing license proceedings.

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.

Allegations of regulatory retaliation

ABC filed its lawsuit in August after the agency ordered early license proceedings across eight local stations located in New York, Los Angeles, Chicago, San Francisco, and Philadelphia. Network attorneys described the threat of losing broadcast rights as a death penalty for individual stations that directly restricts editorial choices. Donald Trump had repeatedly urged the commission to strip the network of its licenses following complaints about news reporting and daytime and late-night programming, including The View and Jimmy Kimmel Live. In July, Trump called for license revocations after ABC chose not to broadcast a presidential address. ABC lead attorney Beth Wilkinson told the court that the administration's actions created fear of retaliation across the newsroom.

We are watching everything we do.

Broadcast timelines and jurisdictional challenges

Television stations operate under eight-year licenses issued by the commission, and none of ABC's eight owned stations are scheduled for standard renewal before 2028. Most of the network's current station licenses remain valid until 2030 and 2031, making the agency's accelerated review a departure from regular renewal schedules. Assistant U.S. Attorney Dimitar P. Georgiev, representing the commission, argued that the district court lacks jurisdiction to hear the case before ABC exhausts administrative remedies inside the agency. The government stated that ABC could appeal the Media Bureau's order to the full commission and then seek relief before the U.S. Court of Appeals for the D.C. Circuit. Wilkinson argued that pursuing administrative avenues would permit FCC Chairman Brendan Carr to keep the broadcaster in legal limbo for years.

Judicial timetable and pending filings

The lawsuit represents the first legal challenge from a national television network to the administration's broadcast licensing actions since Trump returned to office. Disney top lawyer Horacio Gutiérrez has directed the network's legal strategy in opposing the commission's orders. Judge AliKhan did not deliver an immediate decision at the close of Tuesday's two-hour hearing in Washington. Instead, the court instructed both parties to submit supplementary written filings with deadlines extending through October 14. The court will subsequently determine whether to dismiss the case on jurisdictional grounds as requested by the government or proceed to evaluate ABC's motion to halt the license proceedings.