ABC sues FCC, claims retaliation for Trump criticism in election coverage

ABC filed a First Amendment lawsuit against the FCC on Tuesday, alleging the agency’s regulatory actions and investigations were retaliation for the network’s criticism of former President Donald Trump. The suit claims the FCC’s recent probes into ABC’s election coverage and its streaming services are part of a broader effort to punish the network for its outspoken coverage of the Trump administration. ABC seeks an immediate injunction to halt the FCC’s investigations and to prevent further enforcement actions that it says are politically motivated.

The lawsuit is a response to a pattern of FCC scrutiny that began in 2022 when the agency opened investigations into ABC’s coverage of the 2024 presidential campaign. Earlier this year, the FCC also launched a probe into ABC’s streaming platform for alleged violations of the “public safety” rule that governs how broadcasters must handle emergency alerts. ABC’s lawyers argue that these investigations coincide with a wave of criticism from Trump, who has repeatedly branded the network a “fake news” outlet and called for punitive measures. The case underscores a long‑standing tension between the FCC’s regulatory mandate and the First Amendment rights of news organizations.

ABC’s complaint details that the FCC’s actions were triggered by the network’s reporting on Trump’s business dealings and his refusal to release tax returns. The suit cites a 2023 FCC memo that listed ABC among the “most critical” networks, a designation that the network claims was used to justify heightened scrutiny. ABC also points to the FCC’s 2022 enforcement action that fined the network $2.5 million for alleged violations of the public interest standard. In its filing, ABC’s attorney, Lisa Nguyen, said the FCC’s conduct “amounts to a retaliatory campaign that undermines the public’s right to a free press.” The FCC has not yet issued a formal response.

The lawsuit will be heard in the U.S. District Court for the District of Columbia. If the court grants ABC’s request, the FCC could be barred from continuing its investigations for the duration of the case. The outcome could set a precedent for how the FCC can engage with media outlets that criticize the government, and may prompt other broadcasters to file similar challenges. The case also highlights the growing politicisation of the FCC’s enforcement powers, raising questions about how regulatory agencies balance public‑interest obligations with protection of free speech.