On Tuesday, ABC filed a complaint in Washington federal court accusing the FCC of launching a "retaliatory campaign" against the network. ABC says the agency is violating its First Amendment rights by conducting pretextual investigations and threatening its broadcast licenses through an early renewal process.
ABC’s lawyers argue that the administration has repeatedly attacked the network’s reporting and programming, culminating in demands that ABC lose its broadcast licenses because of its speech. The suit calls the FCC’s actions "deeply un‑American" and seeks a court order to stop further interference with ABC’s license applications.
The dispute comes amid two separate FCC probes. One involves an early review of eight Disney‑owned TV station licenses, while the other examines whether ABC’s daytime talk show "The View" should provide equal airtime to political candidates from both parties. Both probes were launched under Chairman Brendan Carr.
The root of the case can be traced back to Carr’s investigation last year into Disney’s diversity, equity and inclusion program. The probe was triggered after the FCC and the Trump administration criticized ABC’s late‑night show "Jimmy Kimmel Live!" and urged Disney to fire the host, a longtime critic of the president.
In April, the FCC began unprecedented scrutiny of ABC’s licenses after claiming Disney was not responsive to inquiries about its diversity practices. The early renewal review was announced just a day after Trump again called for Kimmel’s dismissal over comments about the president and first lady.
ABC notes that the FCC has never demanded simultaneous early renewal applications from a group of stations owned by a single network, nor has it called for an early renewal in more than half a century. The network’s lawsuit challenges the broad powers granted to the FCC by Congress and earlier court rulings.
The complaint also cites a Truth Social post in which Trump said ABC’s "very valuable broadcast licenses" should be terminated because its content is "almost 100% negative" to him and the Republican Party. Disney’s legal action is part of a larger pattern of lawsuits alleging government retaliation against media outlets.
Anna Gomez, the lone Democratic commissioner on the FCC, praised Disney’s move, saying it was a courageous stand against government intimidation. She has long opposed Chairman Carr’s crackdown on the media.
Disney has recently taken a more aggressive stance against the FCC and the Trump administration. In 2024, it settled a lawsuit for $16 million that was brought by Trump against ABC News and anchor George Stephanopoulos. The company also temporarily suspended Jimmy Kimmel over comments about the killing of conservative activist Charlie Kirk, only to reinstate him days later.
In June, Disney launched a public campaign urging viewers to submit comments to the FCC in support of the network’s eight ABC TV station licenses. The company claims that over 150,000 public comments have been filed, largely in favor of keeping the licenses.
ABC’s complaint cites recent Supreme Court rulings that reinforce free‑speech rights and prohibit the government from using state power to punish or suppress unpopular expression. The network argues that the FCC’s actions violate these constitutional protections.
The Center for American Rights, a conservative watchdog, has opposed ABC’s licenses and called the lawsuit a "desperate attempt" to bypass the FCC’s investigation into Disney’s employment practices. The organization maintains that the First Amendment does not exempt Disney from its obligations to serve the public interest.
The case remains pending, and the outcome could set a significant precedent for how the FCC regulates broadcast licenses and handles perceived political bias in media.