Connect with us

Entertainment

Can ABC Win Its Lawsuit Against Trump’s FCC?

Published

on

Is the era of media giants kowtowing to the Trump administration over?

The Walt Disney Company drew a line in the sand on Tuesday when its network sued the Federal Communications Commission to stop early reviews of licenses held by eight ABC-owned television stations, alleging the process is intended to chill protected speech.

The lawsuit marks the first time a major broadcaster has taken the Trump-era FCC to court over alleged retaliation for its editorial decisions, marking a notable shift from other media organizations. Over the last several months, Disney has taken a more combative posture with the FCC proceedings, even launching a viewer awareness campaign about the issue.

For Disney CEO Josh D’Amaro, who took the reins in March, it represents a stark reversal of the company’s more accommodating approach under former CEO Bob Iger, who sought to ease tensions with President Donald Trump, settling his defamation lawsuit against ABC and briefly suspending late night host Jimmy Kimmel following his remarks on Charlie Kirk’s assassination (Iger maintains Kimmel was pulled because of the “bad taste” joke).

“Disney has a far stronger case against Carr than Carr has against Disney,” Blair Levin, a New Street Research analyst and former FCC chief of staff, told TheWrap. “I doubt any court would uphold Carr’s failure to renew Disney’s license.”

But whether Disney’s lawsuit is ultimately successful or changes the broader media industry’s willingness to push back against the agency remains to be seen. Over the last year and a half, several major media companies have aimed to avoid confrontations with Trump, including Paramount, which settled his lawsuit over the “60 Minutes” interview with Kamala Harris while seeking regulatory approval for its Skydance merger.

Experts told TheWrap that a win by Disney could embolden other players to push back against the FCC’s threats, although a loss could expand the chilling effect the agency has already cast over the industry.

Josh D’Amaro
Disney CEO Josh D’Amaro has taken a markedly different stance with the FCC than predecessor Bob Iger. (Credit: Getty Images)

Disney is asking a federal judge to immediately halt the accelerated license reviews, arguing the FCC is using its regulatory authority to punish constitutionally protected speech and pressure ABC into changing its programming.

The FCC said all broadcasters, “even Disney,” must operate in the public interest. The commission said it has been investigating allegations of illegal DEI discrimination at Disney for more than a year, accused the company of waging a “campaign of disinformation” and pledged to “follow the facts and law wherever they lead.”

FCC Chairman Brendan Carr told CNN’s Brian Stelter on Tuesday that he had not made a final decision on the “next steps in this review.”

Blake Reid, a University of Colorado Boulder law professor who specializes in telecommunications and free speech, told TheWrap that ABC’s First Amendment case is “about as strong as they come,” citing Carr’s public statements and the commission’s conduct as “pretty clear” evidence of retaliation.

Disney makes its case

The feud between the entertainment giant and regulator dates back to April, when the FCC ordered all eight ABC-owned stations to apply for license renewals years earlier than scheduled. Six had not reached the halfway point of their current eight-year terms, according to ABC’s lawsuit, and the stations were given 30 days to prepare applications that typically take months.

The order came a week after the president and first lady Melania Trump again called for Kimmel’s firing following a joke comparing her to an “expectant widow.” The FCC said the accelerated reviews were needed as part of its existing investigation into allegations that Disney’s diversity, equity and inclusion practices violated federal law and whether the stations were operating in the public interest. Conservative groups later asked the commission to deny the renewals, citing alleged discrimination and political bias.

The FCC is also separately reviewing ABC’s request for “The View” to qualify for a “bona fide news” exemption from an equal-opportunities requirement for political candidates. A month after updating its guidance to exclude late night and daytime talk shows from that exemption, the agency began investigating the program after Texas state Rep. James Talarico, a Democratic Senate candidate, appeared as a guest. Carr later said ABC’s decision to limit its coverage of Trump’s July primetime address would also factor into the license review.

Alina Habba and Sunny Hostin
Alina Habba and Sunny Hostin on “The View” (Credit: ABC)

In its suit, ABC argues that the FCC’s stated rationale is a pretext for punishing the network over its programming. The company said it has received more than 600 requests for information and documents and produced over 13,000 pages in response. Its filing contends that the burden and uncertainty are themselves part of the punishment, regardless of whether the commission ultimately denies the renewals or leaves them unresolved for years.

“We’re very principled on this,” D’Amaro said in a CNBC interview during Disney’s D23 Expo last week. “We’re not going to be told how to run that side of our business.”

Anna Gomez, the lone Democratic commissioner at the FCC, wrote on X: “I’m glad Disney has shown courage and stepped up. It is time this administration understands that the Constitution does not bend to political convenience, and that the First Amendment protects news and commentary even when those in power wish it didn’t.” 

Anna M. Gomez
Anna M. Gomez, commissioner of the Federal Communications Commission (FCC), speaks at the Senate Commerce, Science, and Transportation Committee. (Credit: Heather Diehl/Getty Images)

ABC’s filings argue that the pressure has already affected its editorial decisions. The company said no political candidates have appeared on “The View” since the FCC opened its inquiry into the program and that the show passed on further consideration of several potential guests. ABC also said it livestreamed Trump’s July address on election fraud partly because of concerns about government retaliation, noting it would not traditionally have decided to carry it.

Those examples could help ABC establish that government pressure caused its speech to be altered or suppressed, Reid said. 

Procedural complications

The harder question is whether the district court can intervene before the FCC finishes its review.

Companies ordinarily must wait for an agency’s final decision before going to court, with appeals of FCC decisions generally going directly to a federal appeals court. Though the public comment period on the proceedings has concluded, the FCC has not publicly disclosed a specific timeline for when it will make decisions on the matters.

ABC argues it should not have to endure a proceeding that is itself unconstitutional and already affecting its programming. Reid said the company has a “really solid argument” for immediate district court review, although whether the court agrees remains the tougher question.

The case to secure a temporary restraining order could move quickly. It has been assigned to U.S. District Judge Loren L. AliKhan, an appointee of President Joe Biden, who ordered ABC and the FCC to submit a proposed briefing schedule by noon on Thursday as the court looks to set up a hearing. If a temporary restraining order is secured, the judge would then have to listen to arguments on whether to grant a preliminary injunction. Appeals related to the matter could extend the legal battle even further.

“I don’t think we’re going to see this resolved this week or this month, or probably not this year,” Reid said. “But beyond that, who knows.”

Ramifications down the line

Not everyone agrees Disney’s case is clear cut.

Daniel Suhr, president of the Center for American Rights, which challenged the stations’ license renewals, called the lawsuit an attempt to “short circuit” the investigation. He said the First Amendment does not give Disney “a free pass on its obligations as an FCC licensee.”

There’s always the chance that the FCC could prevail in the legal battle, which other companies could see as a signal to keep their own heads down.

“If the FCC wins, I think they would be emboldened to continue or it would just have a chilling effect,” Corey Martin, managing partner and chair of Granderson Des Rochers LLP’s Entertainment Finance Practice, told TheWrap. “If Disney is not successful in this matter, then I don’t think that you’re going to see any other companies stepping up or coming forward to fight this particular fight or anything similar to it.”

Levin said the impact could extend beyond ABC’s licenses by clarifying how the First Amendment limits the FCC’s ability to invoke the broad “public interest” standard. Such a ruling could become relevant in future disputes involving station licenses or media mergers, including any FCC effort to block a deal for reasons unrelated to competition.

But Bob Corn-Revere, chief counsel at the Foundation for Individual Rights and Expression, called the FCC’s actions “a textbook case of abuse of the regulatory process for an unconstitutional purpose.” FIRE previously filed comments opposing efforts to deny the ABC stations’ early license-renewal applications.

Corn-Revere said a broad ruling for ABC could limit the FCC’s ability to shift to other regulatory tactics and give other media companies a road map for resisting government pressure.

“To the extent they show that it’s possible to stand up to this kind of illegal jawboning and regulatory pressure, the more I would expect other people will recognize that that is really the smart course to take,” he said.

>

Continue Reading

movies

Dolly All The Time Movie In Works At Sony 3000; Gemma Burgess To Write

Published

on

EXCLUSIVE: In a competitive situation, Sony’s 3000 Pictures has acquired the bestselling hot summer novel Dolly All the TimeGemma Burgess will adapt the novel by Annabel Monaghan, and Temple Hill Entertainment is set to produce with Annika Patton overseeing it for the producer.

Dolly All the Time came out at the beginning of the summer and quickly hit the bestseller lists. Dolly Brick has never met a problem she couldn’t solve. Not when her mom left when she was 12, and not at 39 when she moves with her son back to Whitfield, RI for the summer to keep her dad and brother from losing the family home.

So when she comes across Stewart Whitfield — annoyingly handsome scion of the Whitfield family — with a flat tire and at the wrong end of a very public  breakup, it’s in her nature to help. She comes away with an offer he suggests, which has her posing as his girlfriend. It ends up being more than either of them bargained for, because as public dinners and high society benefits turn into sunset boat rides and kisses, real sparks commence.

Deal has an uplifting backstory for the screenwriter Burgess, about handling adversity and writing yourself out of a jam. Burgess moved to the UK to be showrunner for My Lady Jane, the show she created for Amazon. Shortly after she moved her family to join her for a second season, Amazon canceled the show, despite superb reviews.

She stayed on the other side of the pond, and hustled. It has paid off. Burgess is currently adapting the K-drama phenomenon Crash Landing on You for Netflix and Skydance; she is adapting her short story Doomed as a series for Netflix with Busy B producing; she also created the series Smooth Criminals with Disney/20th and Drew Goddard; she’s got Liars for Searchlight; and Friends Like These for A24 and Gloria Sanchez. On the feature side, Burgess just finished writing Red, White & Royal Blue 2 for Amazon. She also continues to write novels (she’s had five of them published with Macmillan and Harper Collins that hit the bestseller lists). She is repped by UTA, Kaplan / Perrone Entertainment and Felker McGinnis & Ryan.

Sony-based Elizabeth Gabler’s 3000 Pictures and Marty Bowen and Wyck Godfrey’s Temple Hill have had great success turning books into movies. For 3000, that includes Where the Crawdads Sing and People We Meet on Vacation, the latter an adaptation of the Emily Henry novel that is Emmy-nominated. Upcoming is Kazuo Ishiguro’s Klara and the Sun directed by Taika Waititi and starring Jenna Ortega. 

Temple Hill’s book adaptations range from The Twilight Saga to The Maze Runner and The Fault in Our Stars. 3000 Pictures and Temple Hull previously teamed on The Fault in Our StarsPaper TownsThe Longest RideThe Hate U Give, and Love, Simon.  

>

Continue Reading

Entertainment

Felicia Day’s ‘The Guild’ Reunion Movie Sets Crowdfunding Record

Published

on

It looks like Felicia Day’s “The Guild” reunion movie will not only get made, but it’ll also make history in the process. As of Thursday morning, the film became the highest crowdfunded movie ever, breaking the record “Veronica Mars” set more than a decade ago.

The Kickstarter campaign has raised $5,770,628 and was still climbing as of publication. The 2014 “Veronica Mars” film previously set the record in 2013, raising $5,702,153 to get made.

“The Guild” began as a web series in 2007, and ran until 2013. The story followed the lives of an online gamers guild, The Knights of Good, who play hours and hours of a game simply referred to as ‘The Game.’ It largely focused on Codex, the guild’s healer, as she works on a gaming addiction.

The movie is set to be called “The Guild: Ren Faire’d,” and will reunite the fan-favorite characters as they take on an adventure at a Renaissance Faire.

“When I realized the show’s 20th anniversary was coming up in 2027, I knew I needed to do something big to celebrate,” Day explained in a post on the Kickstarter’s page. “My times with the cast during Covid, when we were murdering each other over and over in Among Us, reminded me of all the fun we’d had together. But it wasn’t until someone evoked rage in my heart that I decided to make a reunion movie.”

Said rage was sparked by a Hollywood executive who called Day to discuss turning the show into a TV series, but recasting everyone with younger actors.

“They wanted to recast me in my own show. And in that moment I knew I had to bring the cast together again and make a reunion movie,” she detailed. “Fund it by going straight to the community that helped us defy the system over and over for nearly twenty years. So we could laugh together again. Celebrate gamers and geeks again. And do it OUR way.”

The Kickstarter was set to run for 40 days, but its goal was met well before that. And there’s still more than a day to go.

>

Continue Reading

movies

‘DAU’ Director Defends Film After Ukraine Backlash

Published

on

Director Ilya Khrzhanovsky is defending his upcoming film DAU against attacks by the government of Ukraine that it represents Russian propaganda and should not be screened at the Venice Film Festival next month.

Khrzhanovsky took to Facebook on Thursday to post a point-by-point rebuttal of the criticism of his film and claims linking him, the film’s financiers, and DAU actor Teodor Currentzis to Vladimir Putin’s Russia.

DAU is not a Russian film and does not represent Russia at the Venice Film Festival,” Khrzhanovsky writes, noting that he is “not a citizen of the Russian Federation” having renounced his Russian citizenship “in protest against the state policy of the Russian Federation and its war against Ukraine.”

His film, Khrzhanovsky said, “is not an instrument of Russian state cultural policy. It is an artistic statement about the nature of totalitarian evil.”

The 3-hour DAU film is the latest in a series of movies, art installations and video projects created by Khrzhanovsky using material filmed over three years from 2008 to 2011 on a closed set in Kharkiv, Ukraine.

Earlier this week, the Ukraine Ministry of Foreign Affairs, the Ministry of Culture, and the Ukrainian Embassy in Italy issued a joint statement criticizing the Venice festival for including DAU in its line-up.

“At the time when Russia is continuing its war of aggression against Ukraine, systematically destroying cities, cultural heritage and national identity,” the statement reads, “offering one of the world’s most prestigious cultural platforms to a project linked to the Russian state and its networks of influence sends a deeply worrying signal.”

The statement goes on to list the film’s alleged connections to Putin’s Russia, including Khrzhanovsky’s citizenship, and that of DAU lead actor Teodor Currentzis, and its connection to Sergei Adoniev, a Russian business man who has been sanctioned by Ukraine and the U.S.

Venice Film Festival artistic director Alberto Barbera took to Instagram on Wednesday to clap back at those allegations and to defend his decision to include DAU at this year’s festival. In his post, Barbera describes Khrzhanovsky as “a Russian dissident who ended up on the regime’s blacklist as a terrorist and enemy of the state — a director who, from the very beginning, has taken a stand against the Russian invasion of Ukraine”. He called the attacks on DAU an “inexplicable smear campaign against a film that its accusers have evidently not even seen yet.”

The DAU project, initially conceived as a biopic of the Nobel Prize-winning Soviet scientist Lev Landau (nicknamed Dau), became a massive immersive installation. Hundreds of cast members, actors and non-actors, lived on the closed set, in costume and in character, isolated from the outside world during filming. From the hundreds of hours of footage shot, Khrzhanovsky has produced several feature films. DAU. Natasha, screened at the Berlin Film Festival in 2020, winning a Silver Bear for outstanding artistic contribution for cinematographer Jürgen Jürges.

In his Facebook post, Khrzhanovsky refutes or qualifies the various accusations made against him and his film. Adoniev, he says, was a financier of the broader artistic 𝘋𝘈𝘜 project but “his financing ended completely in 2019 and he has had no financial relationship with the project since then. He did not finance the completion of the film selected for the competition of the Venice Film Festival.” Adoniev’s involvement, the director adds, was prior to his being sanctioned by the U.S. or Ukraine government.

The filming of the DAU project in Ukraine, writes Khrzhanovsky, took place before the Russian invasion of the country. His own position on Russia’s war against Ukraine “has been and remains unequivocal,” he writes. “I publicly supported Ukraine long before the full-scale invasion. Following the annexation of Crimea in March 2014, I signed an open letter by Russian filmmakers in support of Ukraine.”

A stickier point is DAU lead actor Theodor Currentzis. A well-known Greek conductor, Currentzis took on Russian citizenship in 2014. Currentzis has never publicly supported Russia’s war against Ukraine, but he has not publicly condemned it either.

“However one may judge his decision not to make such statements [against the war], judging a person on the basis of the citizenship they hold — and, even more so, using citizenship acquired years after most of the filming as evidence of the film’s current connection to the Russian state — is not justified,” writes Khrzhanovsky.

Given what he characterized as his long and enduring support for Ukraine, Khrzhanovsky said the attempt to frame him and his film as supporting the Russian state or its war against Ukraine was “especially painful for me.” He said he understood the need, “during wartime, to scrutinize the sources of financing of cultural projects, political connections, and possible instruments of Russian influence. [But] that is precisely why standards of factual accuracy must be particularly high.”

His movie, he said, “should not be prematurely judged on the basis of false associations, distorted chronology, or assumptions that contradict the documented history of the project. I have been and remain opposed to Russia’s war against Ukraine and to the political system that made this war possible.
Opposing totalitarianism also means defending factual truth.”

DAU will screen in competition at the 2026 Venice Film Festival, which runs Sept. 2-12.

>

Continue Reading

Trending

Copyright © 2017 Zox News Theme. Theme by MVP Themes, powered by WordPress.