Eighteen former FCC leaders from both political parties have filed an amicus brief backing ABC's emergency court request to halt what they call an unlawful and retaliatory campaign by the FCC targeting the broadcaster's protected speech.
- FCC accused of using license reviews to punish ABC for its speech
- Former FCC officials call Chair Carr's tactics corrupt and unlawful
- Legal arguments cite Supreme Court rulings on free speech harms
What happened
TechFreedom and Protect Democracy have filed an amicus brief on behalf of a bipartisan group of eighteen former FCC Chairs, Commissioners, and senior officials in support of ABC's emergency motion before the U.S. District Court for the District of Columbia. ABC is challenging the FCC's unprecedented early review of its broadcast licenses along with what it describes as the Commission's ongoing retaliatory behavior aimed at curbing ABC's speech.
The complaint details multiple instances where FCC Chair Brendan Carr threatened ABC by leveraging the license renewal process as a pretext, under the guise of enforcing an employment discrimination rule, to intimidate and punish the broadcaster. The coalition condemns these actions as a historic and unlawful intrusion on First Amendment protections.
Why it matters
The lawsuit and supporting brief argue that the FCC's abusive tactics constitute coercive government conduct meant to suppress free expression, a core constitutional violation. The Supreme Court has firmly established that government threats intended to chill speech violate the First Amendment irrespective of any legal basis claims.
Former FCC Chair Mark Fowler, who joined the brief, emphasized that such actions represent a deeply corrupt use of regulatory power that undermines trust in the Commission and threatens foundational freedoms. The case raises critical questions about the limits of FCC authority and the protection of broadcasters' rights against retaliatory government interference.
What to watch next
The federal district court will soon decide whether to grant ABC's request for emergency relief to stop the FCC's aggressive license renewal review and related actions pending the full case. Observers expect that a ruling allowing the FCC’s conduct to continue could set a troubling precedent for governmental overreach in regulating broadcaster speech.
Meanwhile, TechFreedom continues to publicly oppose the FCC petitions seeking to deny ABC's license renewal, arguing comprehensively against the Commission's statutory and constitutional authority to prematurely act. Broader implications include potential shifts in how free speech protections are enforced within telecommunications regulation and the future conduct of the FCC.