Michael Kunzelman, Associated Press
Jocelyn Noveck, Associated Press
Rebecca Boone, Associated Press
WASHINGTON (AP) — A lawyer for ABC on Tuesday asked a federal judge to prevent the Trump administration from conducting an early review of its broadcast licenses, arguing that it was unconstitutional and violated free speech. The lawyer likened the situation to a looming execution by guillotine, claiming it was affecting the network's editorial decisions ahead of the U.S. midterm elections.
U.S. District Judge Loren AliKhan did not immediately rule on ABC's request for a preliminary injunction to stop the Federal Communications Commission (FCC) from its review. The government attorney contended that the court lacked jurisdiction over the case and challenged ABC's First Amendment claims, stating that the network had not demonstrated irreparable harm.
A ruling is not expected until at least mid-October, with the judge requesting additional arguments from both sides by specific dates in October.
ABC and its parent company, Disney, filed a lawsuit against the FCC and FCC Commissioner Brendan Carr in August after the commission ordered eight ABC-owned stations to submit renewal applications for their broadcast licenses ahead of schedule.
This case is part of ongoing legal disputes between the Trump administration and various news outlets regarding coverage and access to the executive branch since Trump's return to the White House.
During the two-hour hearing, ABC attorney Beth Wilkinson referenced the French Revolution to illustrate the chilling effect of the renewal process on the network. She stated, "Our editorial decisions are being affected right now," emphasizing the impact of the upcoming elections. Wilkinson reiterated ABC's argument that the network was being targeted for its content due to Trump's disapproval.
Wilkinson claimed that the actions against ABC represented blatant violations of the U.S. Constitution, posing a threat to all broadcast media. In contrast, Department of Justice attorney Dimitar Georgiev-Remmel rejected the guillotine analogy and argued that the court should deny the injunction request, asserting that ABC had not shown a likelihood of success in the case.
Georgiev-Remmel also stated that ABC's licenses remained valid, and granting the injunction would allow the network to avoid the regulatory process established by Congress.
Wilkinson responded that the irreparable harm was the chilling effect on First Amendment rights and editorial decisions. ABC's lawsuit seeks to temporarily prohibit the FCC from taking further action related to its license renewal proceedings and to prevent the commission from coercing the network regarding its editorial discretion.
The FCC's early review was ordered by Carr, a Trump ally, shortly after a joke made by ABC's late-night host Jimmy Kimmel upset Trump, who called for Kimmel's firing. Additionally, ABC has been contesting Carr's attempts to apply equal-time rules to the morning talk show "The View."
Government attorneys urged the court to dismiss ABC's lawsuit, arguing that preventing the FCC from investigating compliance with statutory duties would harm both the government and the public. AliKhan was nominated by President Joe Biden.
Noveck reported from New York, and Boone from Boise, Idaho.