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11h ago

FCC Asks Judge to Dismiss ABC’s First Amendment Lawsuit

The agency says the challenge is premature and belongs in the federal appeals process while it continues an investigation that prompted an unusual early review of ABC’s station licenses.

The U.S. Federal Communications Commission (FCC) seal decorates a wall inside their headquarters in Washington, D.C., U.S., July 22, 2026. REUTERS/Kylie Cooper
Photos: FCC, ABC
People walking on the sidewalk outside of a Disney store
Disney | Getty Images

Overview

  • The FCC filed a motion to dismiss ABC and Disney’s suit on Thursday, arguing the district court lacks subject‑matter jurisdiction and that the network cannot short‑circuit review that Congress directed to federal appeals courts.
  • The agency says the April 28 decision to force early renewal applications came from a year‑long probe into alleged unlawful discrimination at Disney and from what it calls deficient responses to information requests, not from programming criticism.
  • ABC contends the timing — coming a day after President Trump publicly attacked Jimmy Kimmel — shows retaliatory motive and asked the court for an injunction to halt the accelerated review.
  • Judge Loren L. AliKhan has set a hearing for the week of Oct. 5 to consider ABC’s request for emergency relief, and the FCC stresses the stations may continue broadcasting during any renewal or hearing process.
  • The case could set a legal test of how far the FCC may use early license reviews as an enforcement tool, and it has drawn heavy public attention including more than 153,000 comments and pending FOIA requests for agency records.