Disney's allies employ legal trick to outmaneuver FCC in free speech battle: Politico
Jimmy Kimmel arrives at the 74th Primetime Emmy Awards held at the Microsoft Theater in Los Angeles on Sept. 12, 2022. REUTERS/Aude Guerrucci/File Photo

As conservative groups prepare to escalate the fight over Disney's broadcast licenses, two liberal-leaning organizations have deployed an unusual legal maneuver of their own.

The groups Frequency Forward and the Media Action Center filed a "petition to deny" against Disney's ABC license renewals last week, a procedural tool typically used by parties trying to block a renewal, to ask the Federal Communications Commission to grant the company's renewal applications immediately, without conditions or a negotiated settlement, reported Politico.

By formally entering the proceeding now, the groups preserve their standing to challenge the FCC in court later, should the agency move to revoke Disney's licenses or strike a "backroom settlement" to resolve the dispute. Filing a petition to deny, paradoxically, is what gives them legal footing to fight for the renewal down the road.

FCC Chair Brendan Carr called in all eight Disney-owned ABC stations for early license renewal this spring, citing the company's alleged lack of cooperation with an investigation into their corporate policies on diversity, equity and inclusion.

Conservative groups, including the Center for American Rights and the Media Research Center, are now preparing petitions of their own that would expand the review into broader allegations of partisan bias at ABC, citing shows like "The View" and Jimmy Kimmel's late-night program.

Disney has denounced the early review as politically motivated, telling the FCC last month the process serves "no legitimate purpose." Carr has said no decision has been made but has acknowledged that license revocation remains on the table.

The maneuver by Disney's allies reflects deep skepticism about how the FCC will ultimately handle the case. Rather than trusting the agency to resolve the matter cleanly, the groups are positioning themselves as a check against any outcome that falls short of a straightforward renewal — whether that's revocation or a closed-door deal between Disney and the commission.

Critics of Carr's approach, including Democratic FCC Commissioner Anna Gomez, have argued the entire licensing review is pretextual, designed to pressure Disney rather than enforce genuine regulatory standards.