A federal judge was set on Thursday to rule on whether ABC's lawsuit against the Federal Communications Commission can proceed. The network argues the agency's threats against its broadcast licenses amount to unconstitutional government coercion over protected speech.
ABC's legal team told the court on Wednesday that the FCC's actions, directed by Chairman Brendan Carr, chilled editorial decisions and violated the First Amendment. The network likened the commission's conduct to a looming threat held over its affiliated stations.
Lawyers for the FCC countered that the dispute was premature and that no final agency action had occurred, challenging the court's jurisdiction. The case stems from President Donald Trump's repeated public attacks on ABC's news coverage and Carr's statements suggesting regulatory review of broadcasters the administration deems biased.
Disney, ABC's parent company, faced earlier pressure over ABC programming, including the temporary suspension of a late-night host, which critics tied to the administration's influence over the regulator. First Amendment advocates, including the Reporters Committee for Freedom of the Press, warned that a ruling against ABC could embolden further government pressure on broadcasters.
Press-freedom groups filed briefs supporting the network's standing to sue. The outcome carries implications for other networks, including CBS and NBC, that have faced similar scrutiny from Carr's FCC.
"The First Amendment does not permit the government to use licensing power as a cudgel against disfavored speech," an ABC attorney told the court.