Disney sues FCC, alleging ABC license review violates First Amendment

The Walt Disney Co. and ABC sued the Federal Communications Commission on Tuesday, accusing the Trump administration of violating the broadcaster’s First Amendment rights through what the companies describe as a politically motivated review of ABC station licenses.

The lawsuit, filed in U.S. District Court for the District of Columbia, seeks to block the FCC’s accelerated review of broadcast licenses for eight ABC-owned television stations.

Disney and ABC argue the agency launched a “retaliatory campaign” because government officials disapprove of programming and news coverage aired by the network. The companies are seeking a temporary restraining order and preliminary injunction to halt the proceedings.

The FCC ordered the stations to begin the license-renewal process in April, years before some of the licenses otherwise would have come up for renewal.

The agency said the review stems from an investigation into whether Disney’s diversity, equity and inclusion practices violated federal rules against unlawful discrimination. FCC Chairman Brendan Carr has denied that the proceeding is intended to punish ABC for its programming.

Carr has defended the FCC’s actions by arguing that broadcasters using the public airwaves have an obligation to operate in the public interest. He has also said the country needs a “trusted, respected news media” and that the FCC is attempting to restore that standard.

ABC previously accused the FCC of attempting to chill constitutionally protected speech. In filings with the commission, the network argued that allowing the government to use the licensing process in response to programming decisions would threaten the editorial independence of ABC and other broadcasters.

The dispute escalated after President Donald Trump repeatedly criticized ABC and called for late-night host Jimmy Kimmel to be fired. The FCC ordered the early license review in April amid a public fight over a Kimmel joke that angered Trump. Carr has said the timing was unrelated to Kimmel and that the review was based on the agency’s investigation into Disney’s DEI practices.

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Disney’s lawsuit argues the government cannot condition access to broadcast licenses on whether federal officials approve of a network’s editorial choices. The company says the FCC’s actions threaten to interfere with ABC’s journalistic and programming decisions by raising the possibility that stations could lose their licenses because of protected speech.