October 6, 2026
Yesterday, Judge Loren L. Alikhan delivered Media Action Center and Frequency Forward a partial victory in its effort to maintain a public presence in the lawsuit between ABC and its federal regulator the Federal Communications Commission over First Amendment rights.
MAC and FF were trying to intervene in the case so the Public, which owns the TV airwaves, would have a seat at the table should the parties make a backroom "Consent Decree" deal that harms the Public Interest (say should ABC give up the Jimmy Kimmel show to curry favor with the FCC to protect its licensing.)
The judge disallowed MAC/ FF's motion to intervene at this stage. However, she provided a remedy for MAC and FF to proceed in the future: should ABC and the FCC reach a deal which interferes with MAC/FF's Public Interest objectives, she would reconsider our motion to intervene in this proceeding.
Says MAC Director Sue Wilson, "This is truly a win for the public. If Disney/ABC in resolving its litigation with the FCC makes a backroom deal which interferes with the public’s interest in this matter, we are laying in wait to hang our own sword of Damocles over their heads."