Disney sues FCC over alleged ‘retaliatory campaign’ against ABC: CEI analysis

Today, Disney filed a First Amendment lawsuit against President Trump’s Federal Communications Commission (FCC), seeking declaratory and injunctive relief in response to the FCC’s early review of Disney-owned ABC television station license renewals. CEI Adjunct Fellow Brian Rankin and CEI Telecommunications Policy Analyst DJ Hatch provide their analysis of the news.

CEI’s Brian Rankin:

“Disney’s court filing today shows how regulatory pressure on broadcast licensees over content and editorial decisions the government objects to threatens the First Amendment. Such pressure chills speech and harms the public interest. Because the First Amendment is central to that interest, broadcasters should be free to air content and make independent editorial decisions regardless of whether an administration approves.”

CEI’s DJ Hatch:

“Disney’s complaint raises a significant question: how far does the FCC’s public-interest authority over license renewals extend before it collides with the First Amendment? Disney asserts that the FCC’s early-renewal review, initiated years ahead of schedule for eight ABC-owned stations (concurrent with another inquiry into whether The View qualifies under the bona fide news-interview exemption), constitutes retaliation for content the Trump administration dislikes. By filing this lawsuit, Disney has escalated into direct litigation a standoff that, until now, had played out in filings and public statements.”