The ACLU Comes Out In Support Of Disney In Its Battle Over Broadcast Licenses

The FCC and Disney owned ABC have been involved in a war of words, but Disney just received a significant ally.

What's Happening:

• In April the FCC issued an order for Disney's ABC owned television station to reapply for broadcast licenses on an accelerated schedule.
• The FCC argues the early renewal is part of an investigation into Disney's potential violation of anti-discrimination rules, specifically the existence of Disney's diversity, equity, and inclusion policies.
• However, many, including an FCC commissioner, believe the move is political, and largely due to a dislike of some ABC programming, specifically Jimmy Kimmel Live! where the host has continued to poke fun and the current administration, as well as The View which the FCC claims may be in violation of the equal time rule.
• The American Civil Liberties Union (ACLU) believes the government is engaging in "retaliatory censorship," which would be a violation of the First Amendment. The organization has published a letter to Disney CEO Josh D'Amaro in which it says it "stands in solidarity" with The Walt Disney Company, while also asking D'Amaro to take a more public stand in this ongoing fight in order to what it sees as governmental overreach.
• Disney has filed the required renewal paperwork, but has done so "under protest."

What The ACLU Says

• The ACLU's Letter to Disney: "When the government engages in retaliatory censorship against media it disfavors, itendangers more than just the target of any investigation, indictment, pretextual regulatoryenforcement, or lawsuit. It sends a message to other media companies that they shouldself-censor to avoid the same types of retaliation."
• "The First Amendment not only precludes the government from directly censoringcontent; it also prohibits the government’s use of coercion to achieve censorship via intimidationor retaliatory investigation—a phenomenon known as 'jawboning.'"
• "Meaningfully fighting back requires more than strongly worded regulatory filings. Itrequires that you make clear to the public what is happening to you and to them—that thegovernment is violating the First Amendment. Remember: the public rebelled against theheavy-handed attempt to force Jimmy Kimmel off the air, and stood with you. Disney now hasthe opportunity to stand with all of us in protecting our rights to watch, read, and accessinformation the government wishes we would not."