Labor unions and media groups file emergency motion arguing FCC's review of 8 ABC stations violates First Amendment and sets dangerous precedent for broadcasters.
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A coalition of labor unions, media watchdog groups, and public-interest organizations filed an emergency motion with the Federal Communications Commission on Wednesday, arguing that the agency's review of Disney-owned ABC station licenses violates the First Amendment and represents an unconstitutional retaliation against the network's editorial decisions.
The eight stations at risk are KFSN, KABC, KGO, WLS, WABC, WTVD, WPVI, and KTRK. The coalition includes the National Association of Broadcast Employees and Technicians locals 41 and 51, the NewsGuild, the Media and Democracy Project, Public Knowledge, and the United Church of Christ Media Justice Ministry. Democracy Forward and G Squared Strategies represent the group.
The filing singles out President Trump and FCC Chairman Brendan Carr. Trump repeatedly called for ABC's licenses to be revoked after the network declined to interrupt regular programming for his speeches, the filing notes. Carr, the filing says, signaled that ABC's programming choices would factor into the agency's review.
This marks the first time the FCC has demanded early renewal of all licenses owned by a major broadcast network amid such political pressure, according to the filing. The commission's action departs from its longstanding approach to broadcast license renewals, the coalition argues.
The First Amendment prohibits the government from using regulatory authority to retaliate against disfavored speech, the filing says. The proceeding itself already sends a chilling message to broadcasters: editorial decisions that anger those in power could place their licenses, businesses, and jobs at risk.
The coalition also urges the FCC to reject proposals that would require ABC stations to alter programming, hiring, interviews, editing, and coverage to satisfy the ideological preferences of the government or outside groups. Such a system would place federal regulators in the role of determining which political viewpoints receive airtime, the filing warns.
"With more than 50 years of experience in the broadcast industry - I never expected to see the FCC and an administration pressure broadcast stations with early license renewals," said Carrie Biggs-Adams, President of NABET-CWA Local 51. "The intimidation from the threats (and now overt actions) weakens our already strained news environment - at a time when we need investigations and vigorous news coverage. It is not legal, and yet we will never know how many stories were missed out of fear of retribution."
"The Media and Democracy Project (MAD) is proud to join this effort to stand up to abuse-of-power and attacks on the First Amendment," said Milo Vassallo, Executive Director of the Media and Democracy Project. "The Trump Administration's assaults on the First Amendment are accelerating: from subpoenaing journalists' records to calling for premature license renewals for Disney-ABC stations. These should offend all sensible Americans regardless of party affiliation."
"Broadcast licenses are not political favors, and broadcasters should serve their communities, not answer to the whims of the White House or its willing enablers at the FCC," said John Bergmayer, Legal Director of Public Knowledge. "The Constitution forbids every step the FCC has taken so far in its threats against Disney and its ABC stations. While it is bound to lose any eventual court challenge, the chilling effects of its campaign against the First Amendment are already being felt in the broadcast industry."
"For more than a year, most major media companies have stood by or aggressively acquiesced as President Trump and FCC Chair Brendan Carr pressured them through lawsuits and baseless investigations," said Cheryl A. Leanza, Policy Advisor, United Church of Christ Media Justice Ministry. "The goal is to make every broadcaster think twice and fear a long legal battle before airing something the White House does not like. We are glad to stand up alongside Disney, owner of local ABC stations, as they push back against the most recent attack on the media."
"The Trump-Vance administration cannot be permitted to turn broadcast licenses into political weapons," said Skye Perryman, President and CEO of Democracy Forward. "This unprecedented effort sends an unmistakable message to broadcasters: change your coverage and silence voices the president dislikes, or risk the power of the federal government being used against you. That is an abuse of authority and a direct threat to the freedoms the First Amendment guarantees."
The coalition warns that allowing the proceeding to continue would establish a dangerous precedent for future administrations. Broadcasters could face repeated license-renewal proceedings, government scrutiny, and regulatory threats whenever their coverage conflicts with the preferences of those in power.
The legal team at Democracy Forward includes Bradley Girard, Kali Schellenberg, Cynthia Liao, and Paul Wolfson.
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