Disney Claims FCC Holding a “Guillotine” Over Its Head

Disney asked a federal judge on Tuesday to block the FCC from reviewing the broadcast licenses of the eight local television stations it owns and operates, calling the early review and possible revocation an existential threat and an unlawful violation of its First Amendment rights.

Lawyers for the Walt Disney Company, which owns ABC, made the request in U.S. District Court in Washington. The F.C.C., led by Trump appointee Brendan Carr, asked the judge to dismiss the lawsuit, arguing that the agency has not yet decided the licenses’ fate and that Disney has not shown irreparable harm. Its lawyers relied largely on procedural grounds, saying judicial review was premature.

Disney attorney Beth Wilkinson asked the court to block the Trump administration’s early review of ABC’s broadcast licenses, likening it to the execution method used on Marie Antoinette. ABC has to “sit with our head on the guillotine and wonder if anything we say is going to make that come down.”

Carr, Kimmel

Judge Loren L. AliKhan appeared open to those procedural arguments during questioning of F.C.C. attorneys. She seemed more skeptical of claims that the review centers on ABC’s diversity and inclusion employment practices rather than President Trump’s repeated complaints about the network’s programming. She is not expected to rule for at least a week.

The case is the latest test of the administration’s campaign against media companies, which has included barring news organizations from the White House, imposing reporting restrictions, suing outlets, and using federal regulatory power against broadcast networks. A ruling for Disney would be a setback for Carr and could weaken his nearly two-year effort to pressure the major networks with the prospect of government action.

ABC has drawn administration scrutiny for more than a year, including of its daytime talk show “The View” and its late-night program “Jimmy Kimmel Live!” The dispute follows months of accusations between Disney and the F.C.C. over the company’s free-speech rights and its local stations.