Disney's ABC has filed a lawsuit against Donald Trump's Federal Communications Commission (FCC), alleging a "retaliatory campaign" aimed at punishing the network for its broadcast content. The suit, filed Tuesday in Washington D.C. District Court, asserts that the administration's actions violate ABC's First Amendment rights.
According to the lawsuit, the FCC has initiated a license-renewal review for ABC's eight owned stations and is probing "The View" for its eligibility for an equal-time rule exemption. Disney argues that these actions are in direct response to programming the administration disapproves of.
The early filing of renewal applications for ABC's stations followed a joke made by late-night host Jimmy Kimmel about Melania Trump. Kimmel had remarked that the former First Lady had "a glow like an expectant widow." The White House at the time characterized the comment as violent rhetoric, while Kimmel and ABC executives maintained it was a joke related to the couple's age difference. Trump had publicly called for Kimmel's firing.
Separately, an FCC inquiry is examining whether "The View" still qualifies as a bona fide news program, which would allow it to continue booking political candidates without adhering to equal-time requirements for opposing candidates. ABC executives had previously viewed an FCC probe into Disney's diversity, equity, and inclusion (DEI) practices as retaliation for commentary on both Kimmel's show and "The View."
FCC Chairman Brendan Carr has stated that the license review is focused on DEI initiatives, not on speech content, and that the equal-time probe is simply an enforcement of existing rules. However, Disney contends that an adverse outcome in any FCC license hearing is "all but guaranteed" under current pressure, characterizing the administration's actions as a threat intended to intimidate the media industry.
Disney CEO Josh D'Amaro recently told CNBC that the company would uphold its journalistic integrity and would not be dictated to on how to operate that aspect of its business. License revocations linked to programming are historically rare, with the last known instance occurring in 1969 when a Mississippi station lost its license for defending segregation.
