The FCC asks a court to throw out ABC’s First Amendment challenge to its early licence review

What happened

On September 3, 2026, the FCC, through D.C. U.S. Attorney Jeanine Pirro, moved to dismiss Disney and ABC’s lawsuit over the early renewal review of ABC’s 8 owned stations. It argued that Congress routes review of FCC orders to the courts of appeals, that the suit was premature, and that ABC had shown no causal link between its speech and the review.

The FCC said the April 28 Media Bureau order followed deficient and nonresponsive answers to its DEI discrimination inquiry. The stations were not due for renewal until October 2028. Disney sued on August 18. Judge Loren AliKhan heard the preliminary injunction motion on October 6.

Who benefited

The FCC keeps ABC’s 8 stations under an early renewal review, 2 years before they were due. If the court dismisses the suit, the review proceeds without a ruling on ABC’s First Amendment claim. The Justice Department’s D.C. U.S. attorney is arguing the case for the FCC.

Who wanted something

The FCC wanted ABC’s lawsuit dismissed on jurisdiction and timing, not on the First Amendment claim. It said the April 28 order followed deficient answers to its DEI inquiry. ABC’s stations were not due for renewal until October 2028, so the review is early.

Who lost out

Disney and ABC face an early license review of 8 owned stations that they say is tied to their speech. The FCC argued ABC had shown no causal link. The stations hold licenses that were not due until October 2028, and the review puts them in front of the commission now.

Why it matters

The FCC is asking a court not to hear ABC’s claim that the review is retaliation for its speech. Its argument is that the review of its orders belongs in the courts of appeals and the suit is premature. Judge AliKhan heard the injunction motion on October 6.

Sources VarietyReuters (via NBC News)Ars TechnicaThe Daily Record (Reuters)