WASHINGTON—The American Civil Liberties Union (ACLU) has submitted a Freedom of Information Act (“FOIA”) request with the Federal Communications Commission for records pertaining to the decision by the regulator to require select ABC-owned stations to renew their broadcast licenses early.
In the filing, the ACLU questioned the regulator’s motives for requiring the early renewal and argued that it was part of a larger effort by the Trump administration to chill news coverage that is critical of the administration.
“Although the FCC is purportedly requiring 8 ABC stations to renew their licenses early because they potentially violated the FCC’s rules against unlawful discrimination, the context and timing of the renewal calls into question the FCC’s true motives, the FOIA request said. “We believe that the FCC’s stated basis for requiring the early license renewal is mere pretext for punishing ABC because the Trump Administration disliked what ABC’s on-air talent had to say. We also believe the FCC and the Trump Administration are trying to send a message to other broadcasters that if they air content the Administration doesn’t like, they could face similar penalties.”
In the August 11 filing, the ACLU also referenced controversies over content on ABC’s Jimmy Kimmel Live! and “The View” that prompted President Trump and FCC Chair Brendan Carr to threaten to remove station licenses.
“The Trump FCC’s abuse of power to investigate, threaten, or regulate other broadcasters after President Trump has taken issue with their coverage also indicates that the FCC required Disney-owned ABC stations to renew their licenses early to punish them for their speech,” the ACLU noted. “For example, the FCC sent broadcasters a ‘reminder’ that their licenses were a “privilege” dependent on operating in the public interest.11 Prior to the ‘reminder’, the President had repeatedly called for the revocation of broadcast licenses for broadcasters that he thinks cover him unfairly.”
As previously reported, the American Civil Liberties Union (ACLU), the National Coalition Against Censorship (NCAC), the Future of Free Speech, and the Knight First Amendment Institute at Columbia University made similar arguments in an earlier filing urging the FCC to renew the ABC station licenses.
The filing also referred to FCC probes into NPR, PBS and CBS and Trump’s calls for other broadcasters to lose their licenses as examples of a larger "vendetta against broadcasters".
“Given the FCC’s apparent vendetta against broadcasters who say things the President doesn’t like – the public must know the truth about the FCC’s reasons for requiring 8 ABC stations to renew their broadcast licenses years early,” the ACLU argued. “To provide the American public with information about whether the FCC is using its authority to illegally retaliate against broadcasters’ speech, and attempting to chill protected speech, the ACLU seeks information about the FCC’s motivation for requiring ABC stations to renew their broadcast licenses early through this Request.”
The FOIA request seeks:
- The decision to require Disney-owned ABC stations to renew their broadcast licenses early.
- All communications to, from, or among FCC employees or Commissioners since January 20, 2025 discussing Disney, ABC, a Disney-owned ABC affiliate, any official of Disney or ABC, Jimmy Kimmel, or staff of Jimmy Kimmel Live!.
- All communications to, from, or among FCC employees or Commissioners since January 20, 2025 discussing complaints from President Trump, Melania Trump, JD Vance, Usha Vance, Susie Wiles, Dan Scavino, Stephen Miller, James Blair, Taylor Budowich, Vince Haley, David Warrington, Steven Cheung, Karoline Leavitt, Robin Colwell, Paige Willey or Ryan Baasch about what was said during an ABC broadcast or referencing a broadcast license.
The full filing is available here.
