ABC tells judge FCC's early licence review shows retaliatory motive
In a Monday filing, ABC told US District Judge Loren AliKhan that the FCC's order for early renewal of its eight stations' licences, rather than milder tools, shows retaliation. The FCC says the order was the best tool for its DEI probe.
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The story, neutrally told
Mixed · 2ABC's lawyers told a federal judge on Monday 12 October that the FCC's decision to order early licence renewal, rather than use less drastic options, underscores a retaliatory motive. DeadlineN “the agency only underscored “their retaliatory motive.”” Read at Deadline ↗ VarietyLC “On Monday, ABC responded to the FCC’s filing.” Read at Variety ↗ Left · 1ABC sued the FCC and its chairman, Brendan Carr, on 18 August. It alleges an "extraordinary assault" on its First Amendment rights through the implicit threat of revoking the broadcast licences of its eight owned-and-operated stations. VarietyLC “On Aug. 18, ABC sued the FCC and chairman Brendan Carr, a Trump loyalist, alleging the commission was waging an “extraordinary assault” on its First Amendment rights” Read at Variety ↗ Centre · 1ABC is seeking a preliminary injunction to halt the licence review. It argues the review punishes protected speech from its news division, late-night host Jimmy Kimmel and other content disfavoured by Donald Trump. DeadlineN “The network has asked a federal judge to halt the license review proceedings, arguing that it is a punitive action for First Amendment protected speech”“The network is seeking a preliminary injunction” Read at Deadline ↗
Mixed · 2The FCC says it moved to early renewal in April because the network had not responded sufficiently to its investigation into diversity, equity and inclusion (DEI) employment practices at Disney and ABC. DeadlineN “it said that the unusual move was due to the lack of sufficient response by the network as part of an investigation into its diversity, equity and inclusion practices” Read at Deadline ↗ VarietyLC “The FCC insists its order requiring ABC to apply for early license renewals was initiated from the agency’s investigation into alleged diversity, equity and inclusion employment practices at Disney and ABC.” Read at Variety ↗ Mixed · 2After a hearing on 6 October, Judge Loren AliKhan of the US District Court for the District of Columbia asked the FCC to list the alternative tools it could have used to compel discovery in the DEI probe. VarietyLC “At an Oct. 6 hearing, Judge Loren AliKhan of the U.S. District Court for the District of Columbia, who is hearing the case, instructed the FCC to submit a supplemental filing” Read at Variety ↗ DeadlineN “After a two-hour hearing last week, U.S. District Judge Loren AliKhan asked the FCC to submit an additional filing” Read at Deadline ↗ Mixed · 2In its Friday filing, the FCC, represented by the US attorney in Washington, called early renewal the "best tool for the task before the agency". It acknowledged other options, including administrative subpoenas, monetary penalties and hearings, but said subpoenas and penalties would require enforcement in federal court. The filing added that early renewal included a public comment period. DeadlineN “the early renewal order was the “best tool for the task before the agency.””“The agency acknowledged that other options were available, including issuing administrative subpoenas, imposing monetary penalties and holding hearings.” Read at Deadline ↗ VarietyLC “would require the Trump administration to seek enforcement in federal court.” Read at Variety ↗
Centre · 1The FCC's attorney argued that asking whether it might have chosen a different tool does not address the operative question of whether the agency lawfully elected to call for early renewal. DeadlineN “does not address the operative question in this case: whether the agency lawfully elected to call for early renewal,”” Read at Deadline ↗ Mixed · 2ABC replied that the FCC's own briefing confirms there were "a number of different tools", used for decades, and that the agency tried none of them. It said the FCC instead sought to "inflict maximal coercive pressure" on a media company whose speech the administration wanted to curb, "while deliberately evading judicial review". VarietyLC “Yet the agency tried none of those less intrusive tools here, instead taking the unprecedented step of calling for early license renewal of all eight ABC-owned stations at once.” Read at Variety ↗ DeadlineN “Defendants sought to inflict maximal coercive pressure on the media company whose speech the Administration sought to curb, while deliberately evading judicial review.”” Read at Deadline ↗ Left · 1ABC said that the FCC's description of judicial review as an obstacle shows that shielding its campaign from review is part of a retaliatory strategy. It also named tools the FCC did not mention: cease-and-desist orders, formal or informal warning letters, and a negotiated consent decree. VarietyLC ““That Defendants openly describe judicial review as an obstacle demonstrates what Plaintiffs have been saying all along”“First, the agency can issue cease-and-desist orders requiring a party to comply with FCC rules or orders.” Read at Variety ↗
Left · 1ABC has previously said it produced over 11,000 pages of documents in the DEI probe on a mutually agreed schedule. It also said the FCC's Enforcement Bureau never suggested its existing tools were insufficient. VarietyLC “it has produced over 11,000 pages of responsive documents “on a mutually agreed schedule”” Read at Variety ↗ Mixed · 2The judge has not said when she will rule. Variety says a ruling is expected after the court reviews both sides' additional submissions. DeadlineN “but the judge has not said when she would issue a ruling.” Read at Deadline ↗ VarietyLC “A ruling is expected once the court has reviewed the additional submissions from both parties.” Read at Variety ↗
Every sentence links to the reporting it rests on. The pill in front of each says where its sources sit: Left, Centre or Right when one side supplies at least half of them, Mixed when they are evenly split. The number is how many outlets it cites.
Left1 outlet
- Framing
- Variety leads with ABC's allegation that the FCC designed its demand to evade judicial review, and sets out ABC's filing in detail.
- Emphasis
- ABC's list of unused tools, its 11,000 pages of documents produced, and the FCC's admission that judicial review would be an obstacle.
- Leaves out or plays down
- Gives less of the FCC's argument that early renewal was the best tool and carried a public comment period.
- Charged language
- “Trump loyalist”“extraordinary assault”
Centre1 outlet
- Framing
- Deadline leads with ABC's "retaliatory motive" claim and gives the FCC's filing and its quoted argument alongside it.
- Emphasis
- The sequence of filings, the FCC's statement that early renewal was the best tool, and the pending preliminary injunction.
- Leaves out or plays down
- Does not mention the 11,000 pages ABC says it produced, or the extra tools ABC names such as cease-and-desist orders and consent decrees.
- Charged language
- “retaliatory motive”“punitive action”
Right0 outlets
No right outlet in our sources has covered this story yet.
What every side reports
- ABC sued the FCC over early licence renewal of its stations, alleging First Amendment retaliation.
- Judge Loren AliKhan asked the FCC to list alternative tools after a hearing.
- The FCC acknowledged other tools existed but defended early renewal as the best option.
- The FCC ties the early renewal to its DEI investigation of Disney and ABC.
- No ruling has yet been issued.
Where accounts differ
-
Why the FCC ordered early licence renewal
- Left
- Variety reports ABC's claim that the FCC meant to inflict maximal coercive pressure and evade judicial review.
- Centre
- Deadline reports ABC's claim of retaliatory motive and the FCC's position that early renewal was the best tool for addressing incomplete responses in the DEI probe.
-
Whether less intrusive tools were adequate
- Left
- ABC says the FCC tried none of the tools it has used for decades and omitted several others.
- Centre
- The FCC says subpoenas and penalties would need DOJ enforcement and that early renewal added a public comment period.
ABC organisation
Says early renewal of all eight stations was an unprecedented step taken instead of less intrusive tools, to pressure it and avoid judicial review.
“Yet the agency tried none of those less intrusive tools here” — Variety
Federal Communications Commission organisation
Says early renewal was the best tool to address ABC's incomplete answers in the DEI probe, and that the question is whether early renewal was lawful, not whether another tool was possible.
“the early renewal order was the “best tool for the task before the agency.”” — Deadline
Left1 article
-
ABC Alleges FCC’s Attempts to Curb Its Free Speech Were Designed to Evade Judicial Review
Mixed Relays ABC's filing at length and mostly in its words, with a brief FCC position and a descriptor of Carr as a Trump loyalist.
Centre1 article
-
Neutral Reports the filings in order, giving the FCC's argument in direct quotes next to ABC's retaliation claim.
Right0 articles
No coverage yet.
- 12 Oct 21:14 First VarietyLC ABC Alleges FCC’s Attempts to Curb Its Free Speech Were Designed to Evade Judicial Review
- 12 Oct 23:50 +2h 36m DeadlineN ABC Tells Judge That FCC Showed “Retaliatory Motive” By Ordering Early License Review Despite “Less Intrusive” Options
Times are when each article was published, or when we first saw it if the outlet gave no time.
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