The Federal Communications Commission (FCC) has formally asked a federal judge to dismiss a lawsuit filed by Walt Disney Co. and its subsidiary ABC, which seeks to block the agency’s early review of ABC’s broadcast licenses.
In a court filing on Thursday, FCC attorneys argued that Disney’s lawsuit is premature, asserting that the agency has not yet made any final determinations regarding potential enforcement actions against ABC. The commission stated that the ongoing renewal process does not infringe upon the network’s rights, even if the review were to result in a hearing.
ABC’s legal challenge centers on the FCC’s decision to initiate an early review of its eight television station licenses, which are not set to expire for several years. For example, the license for KABC-TV Channel 7 in Los Angeles is valid until 2030. The FCC’s probe was launched shortly after President Trump publicly criticized ABC over a joke by late-night host Jimmy Kimmel that referenced First Lady Melania Trump.
Disney and ABC have framed the FCC’s actions as retaliatory, alleging that the agency is wielding its enforcement powers to punish the network for its editorial content. In their lawsuit, they argue that the review violates the First Amendment and have requested a temporary restraining order to halt the process. ABC is also contesting an FCC review into whether its daytime talk show, The View, should qualify for an exemption from the equal-time rule for political candidates appearing as guests.
The FCC, however, maintains that its review is part of a broader examination into whether Disney’s diversity and inclusion programs comply with anti-discrimination laws. FCC Chairman Brendan Carr initiated the yearlong probe in spring, which includes assessing whether ABC’s operations serve the public interest. The commission has not yet issued a final decision on the licenses.
Legal experts note that license renewal reviews are typically routine, but the FCC’s decision to expedite the process for ABC marks an unusual step. The agency has not provided a timeline for when its review might conclude, though it has emphasized that stations under review may continue operating normally during the process.
The case underscores broader tensions between regulatory oversight and media freedom, with ABC’s lawsuit positioning the FCC’s actions as an overreach that could chill free speech. The FCC, meanwhile, asserts that its authority to investigate potential violations of federal law is not contingent on the timing of license renewals.