FCC’s threats to ABC licenses ‘pose a grave danger’ to democracy

Reporters Committee is urging a federal court to block the Federal Communications Commission’s efforts to punish ABC for broadcasting coverage the Trump administration perceives as critical, arguing that the agency’s threats “pose a grave danger not just to news organizations, but to our constitutional system of democratic governance and to the rule of law itself.” 

In a friend-of-the-court brief filed on Thursday, Reporters Committee argues that the FCC’s unprecedented threat to wield its regulatory power to kick ABC stations off public airwaves is “merely the latest in a disturbing pattern of escalating intimidation” that federal officials have aimed at news organizations in retaliation for their editorial decisions.

The brief highlights the Trump administration’s “grave and widespread” attacks against the press, from the president’s claims that media reporting that displeases him constitutes “treason” to subpoenas targeting journalists and their family members to, now, challenging the licenses of every ABC-owned broadcast television station.

The FCC launched an early review of ABC’s local broadcasting licenses in April following criticism of the network by the Trump administration, including FCC Chairman Brendan Carr. The FCC has not called for an early renewal proceeding in more than five decades and it has never done so for all of the owned-and-operated stations for a national network in one grouping.

ABC sued the FCC last month, arguing that the true purpose of the license review is “coercing and retaliating against a network that refuses to bow to the Administration’s demands.” The FCC has claimed that its early review stems from its investigation into ABC’s employment practices.

Reporters Committee’s friend-of-the-court brief, filed in support of ABC, argues that the FCC’s actions send a clear message to broadcasters: “steer away from accurate reporting that displeases the incumbent administration lest you put your FCC licenses at risk.” The brief emphasizes the importance of a free press and warns that the “present state of affairs is deeply threatening to our constitutional rights and democracy.”

Attorney Don Verrilli of the law firm Munger, Tolles & Olson LLP is counsel of record for the brief.

Related: Reporters Committee has previously submitted public comments to the FCC urging it to reject petitions seeking to deny ABC’s broadcasting license renewals and, separately, to find that interviews on ABC’s daytime talk show “The View” are exempt from a rule that requires broadcasters to give equal air time to opposing political candidates.