On August 19, 2025, a federal district court in Washington, D.C., dismissed a lawsuit filed by Soohyung Kim and his company, Standard General, arising from Standard General’s failed bid to acquire TEGNA, Inc., and its over 60 television stations. Miller Barondess partners Skip Miller and David Schecter secured a complete dismissal on First Amendment grounds of all claims brought against their clients, Byron Allen and Allen Media Group (“AMG”).
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Filed in April 2024, the lawsuit stemmed from Standard General’s failure to secure FCC approval for its $8.6 billion bid to acquire TEGNA. Standard General and Mr. Kim alleged that AMG and Mr. Allen, working with other public and private actors, orchestrated a scheme to block the deal through petitioning activity directed at the FCC. The alleged petitioning activity included advocacy for Black-owned media companies and against media companies owned by other minorities. Plaintiffs alleged that the FCC responded to this petitioning activity by breaking from its longstanding practice of granting swift approval and requiring Plaintiffs to provide additional information to support the transaction through an evidentiary hearing. Plaintiffs claimed that these delays caused TEGNA to terminate the deal and resulted in plaintiffs paying a $136 million breakup fee and $70 million in transaction costs.
Plaintiffs asserted that AMG and Mr. Allen engaged in discrimination under 42 U.S.C. § 1981 and were part of an orchestrated effort to violate Plaintiffs’ equal protection rights, among other business torts. Miller Barondess filed Rule 12(b)(6) motions to dismiss on Noerr Pennington grounds, arguing that the only challenged conduct by AMG and Mr. Allen was petitioning activity that was absolutely privileged under the First Amendment. U.S. District Judge, the Honorable Rudolph Contreras, agreed and dismissed all claims with prejudice.
This landmark ruling upholds First Amendment protections for advocacy within the FCC’s regulatory process, affirming that objections raised by interested parties constitute protected speech, not grounds for a civil lawsuit seeking damages. The ruling also reinforces the FCC’s role in ensuring broadcast license transfers serve the public interest under the Communications Act and protects stakeholders’ rights to engage in advocacy without fear of litigation.
“This victory affirms First Amendment rights and the integrity of the FCC’s regulatory process,” said Skip Miller, lead counsel for Byron Allen and Allen Media Group. “We’re proud to have defended our clients’ reputation and secured a complete dismissal, preserving their ability to compete fairly.”
The case is SGCI Holdings III LLC, et al. v. Federal Communications Commission, et al., U.S. District Court, District of Columbia, Case No. 1:24-cv-01204-RC.