Disney vows to fight FCC censorship and defend First Amendment rights
Disney has opposed a motion seeking to intervene in its lawsuit against the Federal Communications Commission (FCC). In a filing submitted yesterday, Disney argued that the proposed participants do not have a legally protected interest in the case and that the alleged harm they identify is a broad concern shared by viewers generally.
Disney said the company, ABC, and ABC-affiliated stations have every reason to protect their right to operate free from unlawful retaliation. The company also said it will “vigorously contest defendants’ unlawful suppression of speech.” Disney added that individuals and organizations seeking to share their views could submit amicus briefs at the appropriate stage of the litigation.
Art Berendiuk, an attorney representing the group seeking to intervene, said in a statement to Ars Technica that his clients will continue presenting their arguments in court.
“As outlined in the lawsuit, the FCC’s pressure campaign against Disney has already forced the company to compromise its coverage and programming, harming countless viewers across the United States. Disney may claim that our interests are aligned, but that is not necessarily true,” Berendiuk said. “Disney has a legal and fiduciary duty to its shareholders, while the company’s interest is focused on maintaining its license. My client is fighting in the public interest to protect and preserve the integrity of the First Amendment. The American people deserve a seat at the table, and I am confident the judge will agree.”
Disney’s lawsuit acknowledges that the company changed some of its coverage in response to the FCC’s actions. The filing also states that The View is facing a separate FCC proceeding involving the Equal Time Rule. “ABC must now evaluate the potential impact of its invitations to political candidates on the station’s impending license renewal proceedings, including whether they may later be cited by the Commission as a reason for non-renewal,” the lawsuit states.
The View has not aired interviews with political candidates since the FCC began a process that could revoke the program’s exemption from equal-time requirements for bona fide news programming.
Source: arstechnica.com