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US judge rejects Disney bid for quick hearing in FCC lawsuit (updated)

UPDATE 2-US judge rejects Disney bid for quick hearing in FCC lawsuit

Updates with judge's order, FCC comment, no immediate Disney comment

Judge sets legal filing deadline of September 24 and hearing in early October

FCC agrees to give at least 48 hours' notice before any ABC license hearing order

Carr says he has not decided whether to refer Disney licenses for hearing

By David Shepardson

- A U.S. judge rejected a request by Disney DIS.N on Thursday for an urgent hearing on its lawsuit seeking to block the Federal Communications Commission's early ​review of licenses for the entertainment giant's eight company-owned ABC stations.

U.S. District Judge Loren AliKhan in Washington denied Disney's request to hold a hearing by Tuesday on the company's motion for a temporary restraining order after the government said that was not necessary. The FCC has agreed to provide at least 48 hours' notice before issuing an order to refer Disney's ABC licenses for a hearing.

The ruling is the latest development in a legal battle that poses a key test of broadcasters' free speech rights amid President Donald Trump's repeated calls for ABC to lose its licenses over programming he dislikes.

The judge directed both sides to file a series of legal papers on the request by September 24 and will hold a hearing in early October on the matter.

She added that if the FCC issued a hearing order both sides would need to appear in court the following day so the court could hear arguments on whether a temporary restraining order is warranted.

"We are pleased that the judge has now rejected Disney’s meritless attempt to rush into court. The court also sided with the FCC over Disney on the schedule going forward and has declined Disney’s request for an immediate injunction," an FCC spokesperson said.

Disney did not immediately comment.

Trump has waged an aggressive series of attacks on the news media and the latest move follows a two-year-long battle between Trump ​and Disney. Last month, Trump again called for ABC stations to lose their licenses because the network refused to air a ⁠prime-time speech on elections.

Disney said in its suit the FCC was seeking to coerce and retaliate against "a network that refuses to bow to the administration's demands," calling the agency's actions ​an "extraordinary assault on free speech."

FCC Chair Brendan Carr said the Disney lawsuit lacked merit and that he has not made a decision on whether to refer the Disney licenses for a hearing.


(Reporting by David Shepardson; Editing by Mark Porter and Sanjeev Miglani)

((David.Shepardson@thomsonreuters.com; 2028988324;))

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