Disney and ABC told a federal court on Monday that the FCC ordered early license reviews of all eight ABC-owned stations to pressure the network over its programming, and picked that route because the alternatives would have put the dispute in front of a judge.
Disney's attorneys wrote in the filing, as reported by TheWrap, that that "Defendants sought to inflict maximal coercive pressure on the media company whose speech the Administration sought to curb, while deliberately evading judicial review." Disney argues the FCC could have used administrative subpoenas, monetary penalties or cease-and-desist orders instead, and that some of those would have required the agency to go to federal court.
Disney's lawyers pointed to an Oct. 6 hearing, where government attorneys acknowledged that other enforcement tools were available. The company says the agency's choice not to use them undercuts its stated reason for the reviews.
The FCC ordered the reviews on April 28 and required ABC to file renewal applications by May 28, even though the stations' licenses were not due for renewal until 2028 through 2031. Disney complied under protest and sued in August. Reuters reported at the time that the reviews came a day after President Trump urged ABC to fire late-night host Jimmy Kimmel, and that the FCC had not ordered an early review in more than 50 years.
The FCC denies any retaliation. It says the reviews stem from an investigation into possible violations of federal anti-discrimination laws in Disney's employment practices. In a September filing, it argued that halting the probe "would only hobble the Commission's efforts to investigate and resolve serious allegations," and that any effect on ABC's editorial speech is "self-inflicted." Government attorneys also argue that the district court lacks jurisdiction and that Disney has not shown irreparable harm.
Disney is seeking a preliminary injunction that would block the early reviews while its lawsuit proceeds. TheWrap said it had reached out to the FCC for comment on Monday's filing.