A lawyer for Walt Disney urged a U.S. judge on Tuesday to block the Federal Communications Commission’s early review of licenses for its eight company-owned ABC TV stations, alleging the Trump administration is attempting to censor and punish the company for airing content it dislikes.
The lawsuit, filed in August, tests the boundaries of broadcasters' First Amendment free speech rights against the administration's efforts to shape the media landscape. President Donald Trump has frequently called for broadcasters to drop programs that criticize him or his administration and has urged the FCC to strip stations of their licenses.
Disney attorney Beth Wilkinson told U.S. District Judge Loren AliKhan that the company feels "chilled" and is making different editorial decisions due to the FCC's actions. She compared ABC's situation to being "under a guillotine during the French Revolution," suggesting that any editorial decision, including not broadcasting a presidential speech, could provoke retaliation.
Wilkinson was referring to ABC's decision not to broadcast a July 16 speech by Trump concerning election security. Comcast-owned NBC also declined to air the speech live, after which Trump called for both networks to lose their licenses.
Profitable Stations and FCC Investigations
FCC Chair Brendan Carr initiated the early reviews of ABC's station licenses in April. These licenses, covering some of Disney's most profitable stations in major cities, were not due for renewal until between 2028 and 2031. Carr stated last week that no decisions had been made regarding the reviews.
Representing the administration, lawyer Dimitar Georgiev-Remmel countered the guillotine analogy, asserting that Disney would still retain its licenses through administrative and judicial processes. The FCC has agreed to provide 48 hours' notice before taking further action.
Judge AliKhan is considering whether to issue a preliminary injunction requested by Disney to halt the FCC's actions. The FCC's review was reportedly prompted by what Carr described as Disney's insufficient response to document requests related to diversity practices. However, AliKhan questioned the administration's argument that the issue was solely a discovery dispute, pointing out that the FCC had not ordered early license reviews in over 50 years prior to this instance.
The FCC's review was initiated days after Trump publicly urged ABC to fire late-night host Jimmy Kimmel. Broadcast stations require FCC licenses to operate, and while license revocations are rare, critics argue that threats can exert undue pressure on broadcasters and raise concerns about government interference in programming decisions.
Additionally, the FCC is investigating ABC's daytime talk show "The View" for potentially violating rules requiring broadcasters to offer equal opportunities to political candidates. Disney noted that since February, "The View" has not featured any political candidates, citing the FCC's "pressure campaign."