Disney-owned ABC has filed a First Amendment lawsuit against the Federal Communications Commission, asserting that the agency's investigations into the network constitute a retaliatory campaign by the Trump administration aimed at suppressing free speech. The legal action stems from a prolonged dispute between ABC and the current administration over news coverage deemed critical of the President.
Last September, the FCC's scrutiny led ABC to briefly suspend talk show host Jimmy Kimmel. While Disney eventually reinstated Kimmel following public backlash, the incident prompted station owners Sinclair and Nexstar to temporarily halt airing his show on several affiliates. The FCC also initiated an investigation into ABC's morning program "The View" for an alleged violation of the Equal Time Rule.
The situation escalated in April when the FCC commenced an early review of broadcast licenses for eight ABC-owned television stations, years before their scheduled renewal. At the time, the FCC cited concerns regarding the legality of ABC's diversity, equity, and inclusion policies. FCC Chairman Brendan Carr later stated in July that ABC's decision not to broadcast a presidential address in June would also factor into this license review process.
According to CNN, the eight directly owned ABC stations are the targets of the FCC's actions, distinguishing them from the more than 200 ABC-affiliated stations across the U.S. that are owned by other companies. Broadcast licenses are typically renewed every eight years and are rarely revoked; an early renewal order had not been issued by the FCC in decades prior to this year's actions.
In its lawsuit, ABC is seeking a temporary restraining order and a preliminary injunction to halt the FCC's early license renewal process, which the network describes as an "existential threat" to its business. The lawsuit contends that "the Administration has waged a retaliatory campaign against ABC for a single reason: it disapproves of what ABC broadcasts."
ABC's legal team argues that filing the lawsuit was the only recourse to counter the "ongoing and immediate threats" posed by the FCC's actions, short of "total capitulation to the administration’s demands." The suit alleges that "the Commission’s true target is not the Stations’ employment practices or their carriage of a single presidential address; it is the content of Plaintiffs’ programming—and thus their speech." It further claims that because the Commission cannot directly regulate content, it is using license reviews as a mechanism to achieve that end.
An FCC spokesperson responded to the lawsuit, stating, "Disney is obviously very concerned about the FCC’s proceeding, as evidenced by their ongoing campaign of disinformation as well as their decision to ask a court to stop the FCC from further pursuing matters. The FCC will continue to follow the facts and law wherever they lead."
During a recent interview with CNBC, Disney CEO Josh D’Amaro affirmed the company's stance, saying, "We're very principled on this. We're going to stand up to what we believe is journalistic and integrity, and we're not going to be told how to run that side of our business."