President Donald Trump's administration is threatening the ABC network and ABC is gearing up for a major fight. And one legal expert warns that Trump and members of his administration tend to get into legal trouble by bragging or "yapping" in public.
The Federal Communications Commission (FCC) went after ABC in April, demanding that several local networks reapply for their broadcast licenses years in advance. On Thursday afternoon, ABC submitted its formal renewal application alleging political bias, censorship and violations of freedom of speech. It effectively sets up what is likely to be a legal battle between ABC and the FCC.
Speaking about it on CNN on Friday morning, legal analyst Elliot Williams explained that the FCC has always had the power to revoke broadcast licenses, but it rarely, if ever, does so, unless something egregious occurs. In this case, the Trump administration doesn't like ABC/Disney's corporate policy embracing diversity. The FCC has also turned late-night host Jimmy Kimmel into a top Trump target after the president was displeased with jokes the host made at his expense.
It "tip-toes into the realm of censoring content," Williams said.
In fact, last year, ABC corporate heads told co-hosts of "The View" to tone down their anti-Trump comments.
The main problem for the administration is that FCC Chairman Brendan Carr has bragged on conservative news about his moves.
"I don't understand why he's doing this," said Noel King, co-host of "Today Explained" on Vox. "I would think Brendan Carr needs to, if you're going to go about this, why not go about it quietly? I just — I really — and Elliot, when it comes to legal challenges, does his yapping then turn into okay, Brendan Carr said this. He said the quiet part out loud."
"Or, do you yap because you know it's not going to happen and therefore you want — the journey is the destination?" host Audi Cornish asked.
"Or if you're Disney, do you start filing lawsuits and taking actions because you know something's coming and they're getting ahead of it?" Williams said. "I think that's part of what's happening here. Look, one of the enduring sort of law and communications challenges of our era is that the president and the people around him do yap in advance of these things and actually do themselves some legal harm because of the fact that they can say, I am the people that they're suing can say I was being targeted all along."
Cornish cut in to agree that it isn't unusual for these "yapping" phrases from the administration to make their way to the actual court proceedings. She asked her conservative host why the administration would be trying to take down broadcast television when conservative media is doing so well, thanks to the administration.
Daily Signal president Rob Bluey claimed that it is over the public frustrations with traditional broadcast media. He explained that attacks on the media have always been a tactic used by Republicans. He said they "thrive" off of it.