Because of Trump’s criticism, ABC is waging a decisive legal battle against the Federal Communications Commission

Attention is turning to the heated legal battle between the ABC television network and the US Federal Communications Commission, in a case whose results may lead to establishing a historical precedent that determines the future of freedom of the press, and re-evaluates the role of major institutions in supporting American democracy.

According to Axios, this confrontation is of great importance in light of the Federal Communications Commission’s efforts to target television networks that are critical of President Donald Trump’s policies. This move highlights a broader trend that has emerged during the Trump era, which is the decline in the independence of regulatory agencies or their ceding of their powers to the executive branch.

In a controversial statement, FCC Chairman Brendan Carr suggested that his agency lacks complete independence, noting that commissioners – who are supposed to exercise an independent regulatory role over broadcast media – are ultimately subject to the president’s direction.

Developments in the television landscape

Carr currently has talk shows (daytime and evening) in his crosshairs, most notably “The View” (The View) which is broadcast by the ABC network. This is based on the argument that these programs should not be exempt from regulations requiring “serious talk news programs” to allocate equal broadcast space to competing political candidates.

In a significant strategic shift – and in contrast to previous positions characterized by yielding to political pressure – ABC launched a sharp attack on Carr’s policies, warning that his moves threaten to “undermine decades of established laws and practices, and aim to intimidate and restrict legally guaranteed freedom of expression.”

Escalation and expansion of the investigation department

In a related development, the Federal Communications Commission took another escalatory step by issuing an order requiring an expedited review of the broadcast licenses of local stations affiliated with ABC. This action coincides with investigations conducted by the committee to look into the possibility of these stations violating the rules aimed at preventing “unlawful discrimination”, as part of the network’s implementation of diversity, equality and inclusion policies.

For its part, the network did not stand idly by, as it was quick to respond when submitting its license applications, describing the committee’s decision as “illegal, arbitrary, and unconstitutional.”

ABC does not appear to be alone in this regulatory vortex. The Federal Communications Commission has expanded its targeting to include launching similar investigations into the practices of diversity, equality, and inclusion policies in other major American broadcast networks, most notably NBC and CBS.