The U.S. Federal Communications Commission is asking a federal court to dismiss Disney’s lawsuit challenging an early review of the licenses for eight ABC owned television stations. The dispute, which raises questions about broadcasters’ First Amendment rights, is scheduled for a hearing on October 6 as the FCC argues that the case should instead be handled by a federal appeals court.
The U.S. Federal Communications Commission has asked a federal court to dismiss a lawsuit filed by The Walt Disney Company over the regulator’s decision to conduct an early review of licenses for eight ABC owned television stations.
The FCC argues that Disney’s challenge belongs in a federal appeals court rather than the district court where the lawsuit was filed. A hearing on the matter has been scheduled for October 6.
The dispute stems from an April decision by the FCC to require Disney’s ABC to submit early renewal applications for all eight of its owned television stations. The stations would ordinarily not face license renewals until 2028 at the earliest.
The FCC said the early review was necessary for its investigation into whether Disney’s ABC stations had complied with the Communications Act and FCC rules, including regulations prohibiting unlawful discrimination. The agency said its authority allows it to require an early renewal application when doing so is considered essential to an investigation.
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Disney has challenged the regulator’s action, arguing that the reviews are politically motivated and violate the company’s First Amendment rights. The case has therefore developed into a broader dispute over the extent to which the government can use broadcast licensing authority without interfering with editorial independence and free speech.
The FCC has rejected the argument that its actions improperly target Disney. In its latest filing, the agency said allowing the lawsuit to proceed could interfere with its ongoing investigation, including its examination of allegations of unlawful discrimination.
The eight stations are owned by Disney and operate under ABC. Disney filed renewal applications for the stations on May 28 after the FCC ordered the early process. The agency subsequently established a public process for parties to submit arguments for or against renewal.
The case is being closely watched because of its implications for broadcasters’ free speech protections and the government's authority over licensed television stations. A ruling on the FCC’s request to dismiss could determine where Disney’s legal challenge proceeds and how the dispute moves through the courts.
The FCC’s latest filing does not resolve the underlying dispute over the stations’ licenses. The October 6 hearing will address the procedural and jurisdictional issues surrounding Disney’s lawsuit.
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