ABC’s license fight threatens to reshape Trump coverage

Por John Hendel — POLITICO – TOP Stories

ABC programs are already tempering their election coverage ahead of the midterms to avoid angering President Donald Trump, a lawyer for the broadcast company told a federal judge on Tuesday, but any possible reprieve is still likely weeks away.

ABC is accusing FCC Chair Brendan Carr of threatening to impose a corporate death penalty on its eight stations in the nation’s largest TV markets by hauling in its licenses for a review years ahead of schedule. That’s forcing the Disney-owned network to second-guess how it covers the midterm elections for fear of angering the administration, ABC’s lawyer told a federal judge in Washington Tuesday, a consideration seeping into decision-making around whether to air presidential speeches and what the political line-ups should look like on daytime shows like “The View.”

The bigger stakes, though, could be the lead-up to the 2028 presidential election as any decision from U.S. District Judge Loren AliKhan could affect how all broadcasters weigh the president’s mood in covering politics. ABC, the broadcast home of Jimmy Kimmel, has stood out for its pushback from many media companies facing pressure from the administration, and a court victory — or defeat — could have sweeping influence over what the network airs.

The outcome could be a bellwether for other national networks, which have faced similar threats from Trump and Carr over their coverage.

“We sit with our head on the guillotine,” said Beth Wilkinson, a lawyer for ABC, during Tuesday’s hearing. “We are watching everything we do.”

The case is a major test of Carr’s authority, and comes after Trump called on the FCC to yank the licenses of media companies he says are biased against him and engaged in allegedly misleading coverage. Carr’s targets as chair have included ABC’s hosts on “The View” and “Jimmy Kimmel Live!” — frequent critics of the president. Carr has also previously criticized coverage by CBS’ “60 Minutes” and programming from NBC, raising fears his behavior could sway editorial choices there as well. This summer, Trump also called for ABC and NBC to lose their licenses for not airing one of his speeches.

ABC’s critics like Daniel Suhr, the conservative lawyer heading the Center for American Rights, downplayed the harms alleged Tuesday, accusing the network of trying to avoid an FCC’s investigation into whether Disney’s diversity, equity and inclusion hiring practices constituted discrimination. Carr has argued that he called in the ABC licenses due to frustrations getting documents in that probe.

“Disney hasn’t been injured yet,” Suhr, who has sided with Carr and urged the agency to deny renewing ABC’s licenses on many grounds, told POLITICO. “Disney doesn’t get to dictate or decide how it’s investigated.”

AliKhan, a President Joe Biden appointee, expressed skepticism about the government’s claim the licenses were called back as part of the DEI probe. She set an Oct. 9 deadline for the administration to detail what other options it has to compel the discovery it wants, and gave ABC until Oct. 14 to respond. That means any decision is unlikely to come until the eve of the November midterms.

The government is asking the court to dismiss the case, arguing that ABC should have appealed to the FCC’s commissioners and then the D.C. Circuit Court of Appeals. It also noted ABC still holds its licenses amid the review.

“As the DOJ’s lawyers made clear today, Disney filed in the wrong court at the wrong time based on meritless claims,” an FCC spokesperson said. “The FCC will continue to hold broadcasters accountable to their regulatory obligations.”

Still, Carr’s actions have alarmed members of both parties. Senate Commerce Chair Ted Cruz (R-Texas) said in April that Carr was acting like the “speech police” after the FCC chair first called in ABC’s licenses for early review. Cruz has since advanced bipartisan legislation from his committee meant to prevent government jawboning of broadcast and social media companies — a measure that could benefit companies that feel suppressed by Carr’s actions.

“I haven’t examined the legal issues in the litigation, but I do think it is important to protect free speech for everyone — even those with whom you disagree,” Cruz told POLITICO last week.

Democrats, meanwhile, will likely be quick to haul Carr in to testify at oversight hearings next year if they can reclaim either chamber.

Cruz’s skepticism is a major contrast from many in his party, including the National Republican Senatorial Committee and National Republican Congressional Committee. The two GOP campaign organizations recently filed an amicus brief supporting the FCC’s review of ABC licenses.

Rep. Richard Hudson (R-N.C.), the chair of both the NRCC and House Energy and Commerce telecom subcommittee, downplayed concerns around the lawsuit in an interview last month, expressing support for Carr’s approach. “I take him at his word at what his concerns are,” Hudson said.

During Tuesday’s hearing, AliKhan questioned how a discovery dispute in a hiring investigation squared with the broader series of threatening comments toward the media from Trump and Carr. Her questioning heartened some ABC allies, although observers across the spectrum said it was hard to predict how she might rule.

“I think the judge clearly understood the self-censorship that was kind of resulting from the FCC’s actions and seemed to grasp the stakes for the independent media more broadly, the longer this proceeding is permitted to go on,” said Erika Sanders, a counsel for the National Coalition Against Censorship.

Media advocates opposed to Carr’s actions believe the judge’s ruling could potentially inspire other media companies to more vocally push back against perceived attempts at censorship.

“I’m curious to see whether some of the broadcasters actually crawl out from under a rock after this,” said Andrew Jay Schwartzman, a public interest attorney who attended Tuesday’s hearing.

Fonte: POLITICO – TOP Stories