U.S. District Judge Loren AliKhan heard arguments this week on ABC and Disney's lawsuit seeking to block FCC Chair Brendan Carr's order for an early review of licenses for all eight ABC-owned stations.
Carr initiated the review in April, a day after President Trump publicly called for ABC to fire late-night host Jimmy Kimmel. ABC argues the administration is targeting the network because it disapproves of its content, a violation of the First Amendment.
Beth Wilkinson, ABC's attorney, told Judge AliKhan the FCC's conduct is unconstitutional. "President Trump has put in place a chairman at the FCC who understands his marching orders and isn't shy about saying so," Wilkinson said.
The government argued the review stems from an anti-discrimination investigation into ABC's diversity and hiring practices—a claim that became the hearing's central flashpoint.
ABC's legal team contended the FCC cannot renew a license more than 30 days before expiration. Many ABC licenses are not due for renewal for years; some are not scheduled until October 2028. First Amendment lawyer Ari Cohn said: "The only reason to call for early renewal is to deny."
When Judge AliKhan questioned the 30-day rule, the government's lawyer asserted the review addressed ABC's alleged failure to answer FCC hiring inquiries—not the licenses themselves. Cohn dismissed that distinction: "Literally nobody believes this, even Brendan Carr."
ABC's lawyer called the government's statement a "fatal admission." The attorney asked: "Why do you need to use the tool that is explicitly about licenses if it's not about them?"
Berin Szóka, president of TechFreedom, a tech policy group that filed a brief supporting ABC, said Carr is "talking out of both sides of his mouth." Szóka pointed to the FCC order's language about ensuring ABC meets its "public interest obligations more broadly."
The lawsuit also cites Carr's statement that ABC's July decision not to air a prime-time Trump speech live would be included in the review. Judge AliKhan pressed the government's lawyer on whether that undermined the claim the review concerned only hiring.
Judge AliKhan also asked ABC whether the FCC's actual goal was compelling the network's cooperation with the hiring investigation rather than punishing its speech. ABC's lawyer replied: "When people tell you who they are, and what they're going to do, believe them."
The government's lawyer argued Judge AliKhan lacks authority to hear the case, contending it belongs in a federal appeals court. Judge AliKhan ended the hearing without an immediate ruling.
