• by Wendy Davis , 6 hours ago

The Federal Communications Commission is urging a federal judge to dismiss an ABC lawsuit that seeks to halt the agency's early review of broadcast licenses in eight markets, including New York and Los Angeles.

In papers filed late Thursday with U.S. District Court Judge Loren L. AliKhan in Washington, D.C., the FCC argues that granting ABC's request for an injunction "would only hobble the Commission’s efforts to investigate and resolve serious allegations that Disney has engaged in unlawful discrimination."

The FCC launched its early probe of the eight licenses in April -- one day after President Donald Trump called for the network to file Jimmy Kimmel.

The licenses were not set to expire until years in the future. The Los Angeles license, for example, doesn't expire until December 1, 2030, and the one in New York doesn't expire until June 1, 2031.

The agency said it was conducting the review as part of its investigation into alleged "unlawful discrimination" -- meaning diversity, equity and inclusion efforts -- by the network.

But ABC alleged in a lawsuit filed last month that agency is retaliating against the network for speech the Trump administration dislikes.

"Defendants have violated, and continue to violate, plaintiffs’ First Amendment rights by launching pretextual regulatory investigations and threatening the stations’ valuable broadcast licenses through early license renewal proceedings -- all to punish plaintiffs for content and viewpoints the Administration dislikes," ABC alleged.

The network added that FCC pressure had already affected editorial moves -- including the decision to stream Trump's July 16 prime-time address that focused on election integrity.

The FCC counters in its new motion that any effects on ABC's editorial speech have been "self-inflicted."

The agency adds that halting the investigation now "would mean taking administrative processes off the table before the Commission has seen and analyzed the voluminous evidence."

"Plaintiffs are not content to let the Commission’s ordinary investigative processes (and, if needed, ordinary processes of judicial review) run their course," the agency argues. "They instead ask this Court to halt the license renewal proceeding in its tracks by issuing a preliminary injunction preventing the Commission from designating the matter for hearing -- regardless what the evidence may show and before anyone would have seen the basis for such action."