A federal judge heard arguments Tuesday on ABC and Disney’s request to block an unusual early Federal Communications Commission review of licenses held by eight ABC-owned television stations. U.S. District Judge Loren AliKhan did not rule from the bench and asked both sides for additional written arguments.
The hearing centered on two questions: whether the early review unlawfully burdens ABC’s First Amendment rights, and whether the federal district court has jurisdiction to intervene before the FCC process is complete.
What ABC is asking the court to stop
FCC Chair Brendan Carr ordered the stations to submit early renewal applications in April, even though the licenses were not scheduled to expire until 2028 through 2031. The stations include outlets in New York, Los Angeles, Chicago, Houston, Philadelphia, San Francisco, Fresno and the Raleigh-Durham market.
ABC and Disney argue in their complaint that the review is retaliation for programming disliked by President Donald Trump and has already chilled editorial decisions. The complaint seeks declaratory and injunctive relief; those allegations have not been decided by the court.
The Justice Department disputed the retaliation claim and argued that ABC’s case belongs in a federal appeals court after the administrative process, not in district court at this stage. Government counsel also said the licenses remain valid during the review, so ABC has not shown irreparable harm.
No immediate ruling
AliKhan questioned both sides during the two-hour hearing. According to AP, she ordered the government to file additional arguments by Oct. 9 and ABC to respond by Oct. 14. A ruling is not expected before at least mid-October.
The FCC has agreed to give the court at least 48 hours’ notice before referring the license applications to a public hearing. The commission has not revoked the licenses, and the judge has not decided whether the review may proceed.
The case is important because broadcast stations require federal licenses to use public airwaves, while the First Amendment limits government interference with editorial speech. The court’s eventual ruling could clarify when a broadcaster may challenge regulatory pressure before an agency completes its process.
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