Northwestern law experts on FCC challenging ABC stations’ licenses

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Northwestern law experts on FCC challenging ABC stations' licenses

The Commission has ordered the Disney-owned TV stations to file renewals ahead of schedule

CHICAGO - The Federal Communications Commission issued an order today directing the eight ABC-affiliated television stations, owned by Disney, to file their broadcast license renewals head of schedule. The licenses were not due for renewal until 2028.

The FCC said the review is related to an investigation into ABC's DEI policies, but came in the midst of pressure from the White House for ABC to fire Jimmy Kimmel in response to his joke last Thursday where Kimmel referred to Melania Trump as an "expectant widow," two days before the incident at the White House Correspondents' Association dinner.

The following professors are available for comment:

James Speta is the Elizabeth Froehling Horner Professor of Law at Northwestern Pritzker School of Law. His research interests include telecommunications and internet policy, antitrust, administrative law and market organization. He authored among the first legal academic articles on net neutrality and has continued that research into platform markets and the metaverse.

Quote from Professor Speta:

"The FCC has demanded Disney submit an early request for renewal of many of its ABC broadcast licenses, based on another joke by Jimmy Kimmel. The President and the FCC chair have made clear that they think media must always be on its side. This proceeding and the threat to discontinue Disney's licenses seems like just another attempt at illegal and unconstitutional media harassment by the administration."

Heidi Kitrosser is the William W. Gurley Professor of Law at Northwestern Pritzker School of Law. She is an expert on constitutional law, federal government secrecy, separation of powers and free speech law.

Quote from Professor Kitrosser:

"It is very important for the public to understand that government subsidies and benefits - including broadcast licenses - do not entitle the President to demand whatever he wants of the recipients. And under the First Amendment, neither the President nor his appointees may use licensing as leverage to control broadcasters' viewpoints. This is especially true of political speech, which courts long have said is the most highly valued, and highly protected type of speech under the First Amendment."

Paul Gowder is the Frederic P. Vose Professor of Law at Northwestern Pritzker School of Law. His research focuses on the rule of law, democratic theory, social and racial equality, institutional and organizational governance, law and technology, and classical Athenian law and political thought.

Quote from Professor Gowder:

"If the First Amendment means anything, it means that the government may not seek to punish the press for the content of its speech. As the Supreme Court has held time and time again, the First Amendment particularly forbids the government from punishing people for their political viewpoints. If the FCC tries to impose additional regulatory burdens on ABC to retaliate against it for hosting Jimmy Kimmel's speech, it will be an effort to do something even worse, and even more plainly unconstitutional than that: punishing the press for criticizing a politician in power. Among the numerous constitutional red lines that this administration has crossed, this is one of the most blatant. It cannot stand and it will not: No court in the nation can tolerate such blatant partisan retaliation and censorship."

To set up an interview with any of the professors, contact Shanice Harris at [email protected].