Disney sues FCC over early license renewal order, alleges constitutional violations

Lawyers for Disney and its ABC television network filed a lawsuit in August seeking to block the Federal Communications Commission from proceeding with an order that would require the company to file early renewal applications for eight local station licenses. At a hearing before U.S. District Judge Loren AliKhan, the plaintiffs argued that the order, issued by FCC chair Brendan Carr, is a punitive measure aimed at chilling the network's speech.

"These are blatant violations of the US constitution," trial lawyer Beth Wilkinson said, adding that the network has already altered its programming to avoid retaliation, such as limiting political guests on daytime shows and moving a candidate interview to YouTube.

The FCC contended that the early renewal request is unrelated to editorial decisions and is part of a standard review process tied to an ongoing investigation of Disney's hiring practices. FCC counsel Dimitar P. Georgiev argued that the case should be heard in a different court and that the license review is a tool to expedite compliance with equal-opportunity regulations.

Judge AliKhan questioned why the commission chose an early renewal rather than other enforcement actions and noted inconsistencies in the FCC's rationale, including the separation of the diversity, equity and inclusion inquiry from the licensing bureau. She concluded the hearing without issuing a ruling, stating she would consider the arguments further.