Philly TV: Attorney Says FCC Has Ample Basis To Revoke Fox 29 License

Leading First Amendment attorney Floyd Abrams claims federal regulators have “amply basis” to revoke Fox Corp.’s WTXF-TV station license in Philadelphia over 2020 election falsehoods aired on Fox News Channel and various Fox-owned TV stations.

Abrams told Policyband.com he came to his conclusion after reviewing presiding Delaware Judge Eric Davis’s determinations about Fox’s journalism in the Dominion Voting System defamation case and submissions in the same case by the Media and Democracy Project about the conduct of Fox executives over 2020 election reporting by Fox News Channel.

In a brief filing with the Federal Communications Commission Monday, Abrams zeroed in on Fox’s contention that failure to renew the license of Fox 29 Philadelphia over a national political dispute would abridge the company’s First Amendment rights.

“As for Fox’s claim that the First Amendment itself would be violated if it were denied license renewal, its own willful decision to repeatedly broadcast false information about the election, as Judge Davis decided, provides ample basis to do just that,” Abrams said in his three-page filing.

The FCC – which oversees the eight-year licenses of more than 1,700 full power TV stations – has the authority to adopt and enforce regulations as to “the citizenship, character, and financial, technical, and other qualifications of the applicant” to operate a TV station. The agency has yet to issue a ruling on renewal of Fox 29 WTXF.

The FCC’s decision to revoke the license could be seen as partisan as the agency has a one-vote Democratic majority and Fox News Channel is widely known for its appeal to conservative views, including supporters of former President Donald Trump. Last month, the FCC was accused of acting politically in a broadband subsidy dispute with Elon Musk, who has been critical of the Biden White House.

In December, Fox called on the FCC to renew the license without delay, asserting that the opposition has turned the renewal into a quarrel over issues that fall outside the scope of the agency’s review.

The Media and Democracy Project last summer challenged the renewal of Fox’s owned and operated WTXF over the revelations in the Dominion Voting System case, which Fox settled for $787.5 million.