ABC News: Seeks FCC License Revocation Injunction to Halt Review

• ABC News is seeking a temporary restraining order against the FCC to block the review of its broadcasting license and eight affiliates.
• The news outlet claims the FCC's actions are a politically motivated "corporate death penalty" for critical coverage of former President Trump, disguised as a probe into hiring practices.
• The Justice Department argues the district court lacks jurisdiction and that ABC News, as a public trustee, failed to act in the public interest.
• U.S. District Judge Loren AliKhan questioned the Justice Department's justification, pointing to public statements by FCC officials that suggest political motivations.
• This is the first time in nearly 60 years the FCC has used this early license review process, raising concerns about First Amendment chilling effects.

The news organization contends that the FCC's actions, which it describes as a potential "corporate death penalty," are a politically motivated reprisal for its critical reporting on former President Donald Trump.

ABC News has initiated legal proceedings to secure an injunction against the Federal Communications Commission (FCC), aiming to halt the agency's review of its broadcasting license and those of eight regional affiliates. The news organization contends that the FCC's actions, which it describes as a potential "corporate death penalty," are a politically motivated reprisal for its critical reporting on former President Donald Trump.

The FCC's review process is ostensibly predicated on a March 2025 probe into alleged discriminatory hiring practices at the company. However, ABC News argues this justification is merely a pretext for what amounts to an FCC broadcasting license challenge designed to punish the outlet. The licenses in question were originally slated to expire between December 2028 and August 2031, making this early review an unusual step, marking the first such instance in nearly six decades.

U.S. District Judge Loren AliKhan, a Biden appointee, presided over arguments concerning ABC News's motion for a temporary restraining order to pause the ongoing license renewal process. Concurrently, the Justice Department presented its motion to dismiss the case, citing jurisdictional grounds. Judge AliKhan concluded the hearing without issuing an immediate decision on either motion.

Representing ABC News, attorney Beth Wilkinson of Wilkinson Stekloff characterized the FCC's threats as a "hanging guillotine," asserting that the agency is leveraging its regulatory authority to target media outlets critical of the administration. Wilkinson highlighted a pattern of escalating threats against ABC over the preceding two years, suggesting that the former President was utilizing his control over vast regulatory powers against perceived adversaries, with an FCC chairman aligned with his directives. She firmly stated that these actions constitute "blatant violations of the U.S. Constitution," arguing that the prolonged review process, even if licenses are ultimately renewed, creates a chilling effect on the news outlet's First Amendment activities, particularly with midterm elections approaching.

Conversely, Justice Department attorney Dimitar Georgiev-Remmel argued that under the Communications Act, any judicial review of the FCC's actions should exclusively occur at the D.C. Circuit, not a district court. He cautioned that any intervention by Judge AliKhan would undermine the jurisdiction of both her court and the appellate court. Georgiev-Remmel maintained that the license reviews commenced following an initial anti-discrimination probe in March 2025, which was part of a broader Justice Department effort to roll back diversity, equity, and inclusion practices, and ABC's subsequent refusal to provide requested documents. He also pointed out that ABC News filed its lawsuit over 500 days after the probe began, suggesting a lack of urgency that should weigh against immediate injunctive relief.

In support of the FCC's position, Georgiev-Remmel cited the Supreme Court's 1969 decision in *Red Lion Broadcasting Co. v. FCC*, which affirmed that broadcasters, as trustees of public airwaves, have an obligation to serve the public interest. He further contended that ABC News's decision, along with NBC News, to decline broadcasting former President Trump’s July 16 national address from the White House—where he advanced unsubstantiated claims of election fraud—demonstrated a failure to act in the public interest.

Judge AliKhan expressed skepticism regarding the Justice Department's primary justification for the license review. She pressed Georgiev-Remmel to reconcile the anti-discrimination investigation with public statements made by FCC Chairman Brendan Carr at Mar-a-Lago in March, where he criticized coverage of the Iran war. The judge observed that, given the comments from both the former President and Chairman Carr, the dispute appeared to be more than a mere discovery issue related to the anti-discrimination probe.

This judicial inquiry underscores the central concern of ABC News: that the FCC's actions are politically motivated and designed to exert pressure on media organizations. The case highlights the potential for regulatory bodies to be perceived as instruments of political will, raising significant questions about First Amendment media censorship and the independence of broadcasting oversight. The outcome of this ABC News FCC license revocation injunction challenge could establish a critical precedent for how future allegations of political interference in regulatory processes are handled, particularly concerning media licenses.

This case sets a precedent for challenging FCC license review processes, particularly when political motivations or First Amendment chilling effects are alleged. Lawyers advising media clients should monitor the court's decision on jurisdiction and the scope of regulatory power over broadcasting licenses, as it could impact compliance strategies and litigation risks for regulated entities.

Source: Original reporting via Courthouse News Service