Disney has filed a lawsuit against the Federal Communications Commission (FCC), alleging the agency violated First Amendment rights by initiating an early broadcast license review for all eight ABC-owned stations. The lawsuit, filed in the U.S. District Court for the District of Columbia, asserts that the review is an act of retaliation by the Trump administration due to its disapproval of ABC's programming.
FCC Chairman Brendan Carr, a close ally of former President Donald Trump, ordered the early review in April. While Carr stated the review was spurred by Disney's diversity and inclusion practices, the lawsuit contends the timing underscores the commission's intent to "coerce and retaliate against a network that refuses to bow to the Administration's demands."
According to the lawsuit, "The Administration has waged a retaliatory campaign against ABC for a single reason: it disapproves of what ABC broadcasts." The filing specifically cites threatening comments Carr made in September regarding late-night host Jimmy Kimmel, who had made remarks about conservative influencer Charlie Kirk. Carr had stated at the time, "We can do this the easy way or the hard way." The FCC also launched an investigation into the ABC talk show "The View" for allegedly violating equal opportunity laws by hosting a Democratic Senate candidate.
Carr appeared to respond to the lawsuit on Tuesday, telling Reuters, "Disney seems to be a little nervous about what the record’s showing." When asked if he had decided to begin revoking ABC's licenses, Carr stated, "We haven’t made a decision about when we’re making a decision."
The lawsuit argues that the administration has escalated attacks on ABC's speech, including demands that the network be stripped of its broadcast licenses because of its viewpoints. Lawyers for ABC contend that the FCC would face a significant burden in proving misconduct if it attempted to revoke the licenses.
Anna Gomez, the sole Democrat on the commission, supported Disney's action. "For months, the FCC has waged a campaign of censorship and control against Disney’s ABC stations, using the threat of broadcast license revocations to punish a company for speech this administration doesn’t like," Gomez said in a statement. She expressed hope that the lawsuit would end the FCC's "disregard for the Constitution" and encouraged other broadcasters facing similar government pressure.
Trump has previously called for ABC's licenses to be revoked and for Jimmy Kimmel to be fired over political remarks.