The Disney-owned ABC network filed a lawsuit Tuesday against the Federal Communications Commission (FCC), seeking to halt an early review of its broadcast licenses. The legal action comes as ABC alleges the FCC’s review is a retaliatory campaign tied to President Donald Trump’s public criticism of the network’s programming.
ABC’s filing in U.S. District Court requests a temporary restraining order and preliminary injunction to pause the FCC’s investigation, which the network describes as an unconstitutional attempt to influence editorial content. The FCC had initiated the review in late April, citing potential violations of federal anti-discrimination rules related to Disney’s diversity, equity, and inclusion (DEI) practices.
The lawsuit argues that the FCC’s actions violate the First Amendment, asserting that the agency is targeting ABC due to its coverage of Trump’s administration. ABC’s legal complaint includes a December post from Trump on X (formerly Twitter), where he stated: “If Network NEWSCASTS, and their Late Night Shows, are almost 100% Negative to President Donald J. Trump, MAGA, and the Republican Party, shouldn’t their very valuable Broadcast Licenses be terminated? I say, YES!”
FCC Chairman Brendan Carr has publicly linked the license review to concerns over ABC’s DEI policies, stating in April that an early renewal review was necessary to ensure the network acted in the public interest. The FCC’s investigation focuses on whether ABC’s internal practices comply with federal rules prohibiting unlawful discrimination.
ABC’s legal filing contends that the FCC has escalated its actions into demands that the network alter its programming, pointing to Carr’s remarks last fall about late-night host Jimmy Kimmel’s jokes about Trump. Carr was quoted saying, “We can do this the easy way or the hard way. These companies can find ways... to take action... on Kimmel or there is going to be additional work for the FCC.”
Following Carr’s comments, two major TV station ownership groups pulled Kimmel off the air for a week amid conservative backlash over his remarks about right-wing activist Charlie Kirk. ABC’s lawsuit frames these events as part of a broader pattern of government pressure on the network’s editorial independence.
The FCC has not yet responded publicly to ABC’s lawsuit. A spokesperson for the agency declined to comment when reached by Business Insider and The Los Angeles Times.
Background: FCC’s Role and Legal Authority
The FCC regulates broadcast licenses, which are required for television and radio stations to operate. Licenses are typically renewed every eight years, but the agency can initiate early reviews if it identifies potential violations of federal laws or public interest standards. The FCC has previously cited concerns over indecency, localism, and ownership diversity as grounds for such reviews.
Disney’s Shift Under Current Leadership
The lawsuit marks a departure from the approach of former Disney CEO Bob Iger, who had sought to maintain a more conciliatory relationship with regulators. Current Disney CEO Josh D’Amaro has taken a more assertive stance, with ABC’s legal action reflecting the company’s willingness to challenge government actions it views as overreach.
Legal and Political Implications
Legal experts note that ABC’s case hinges on proving that the FCC’s actions were motivated by political retaliation rather than legitimate regulatory concerns. If the court grants the requested injunction, it could set a precedent for how the FCC interacts with media outlets amid heightened political tensions. The lawsuit also raises broader questions about the balance between government oversight of broadcast licenses and First Amendment protections for editorial content.