Disney and ABC Sue FCC Over Early Broadcast Licence Reviews
Disney and its ABC television unit have sued the U.S. Federal Communications Commission, asking a federal court to stop an unusually early review of broadcast licences held by eight ABC-owned television stations.
The lawsuit, filed on August 18 in Washington, D.C., accuses the FCC of using its licensing authority to retaliate against ABC over programming and journalism disliked by the Trump administration. Disney argues that the process violates the network’s First Amendment rights.
ABC is asking the court for a temporary restraining order that would halt the licence-renewal proceedings and prevent the FCC from scheduling a hearing while the legal challenge is considered.
At the centre of the dispute are licences for eight ABC-owned local stations.
FCC Chair Brendan Carr ordered the stations to submit early renewal applications in April, even though their licences were not scheduled for review until October 2028. Reuters reports that the FCC had not ordered this type of early review in more than 50 years.
The timing has become central to Disney’s argument.
The FCC ordered the reviews one day after President Donald Trump publicly called for ABC to fire Jimmy Kimmel, whose late-night programme has frequently criticised him. Trump has also repeatedly suggested that regulators should reconsider broadcast licences held by networks whose coverage or programming he objects to.
Disney says the pattern amounts to government pressure on ABC’s editorial decisions.
The company alleges in its complaint that the administration has repeatedly targeted the network over the stories its journalists cover and opinions expressed in its programming, eventually escalating to threats involving broadcast licences.
The FCC has offered a different explanation for its scrutiny.
The agency has previously said its actions stem partly from an investigation into whether Disney’s diversity, equity and inclusion policies violated federal anti-discrimination rules. Disney has denied that its policies violate the law.
The FCC is also examining The View, ABC’s daytime political talk show, over questions about whether appearances involving political candidates could fall under federal equal-opportunity broadcasting rules.
Carr had not issued a substantive response to Tuesday’s lawsuit when Reuters published its report, while the White House also had not immediately commented.
The legal fight has already attracted unusual opposition from former regulators.
A bipartisan group of former FCC commissioners and senior officials from Republican and Democratic administrations previously urged the agency to abandon the early review. They argued that using the licensing process in this way could place improper pressure on broadcasters because losing an FCC licence would prevent a station from using the public airwaves.
Actual licence revocations are extremely rare in the United States, but the possibility carries significant leverage because television stations cannot legally broadcast over public spectrum without FCC approval.
The case now sets up a direct confrontation between one of the world’s largest media companies and the U.S. agency responsible for regulating broadcast television.
Its importance extends beyond Disney.
If the courts accept ABC’s argument that the early review amounts to retaliation over programming, the case could place new limits on how far federal regulators can go when applying broadcast-licensing powers to networks whose journalism or entertainment content draws political criticism. If the FCC prevails, the agency could retain considerably more room to scrutinise broadcasters before their normal renewal dates.
For now, no ABC licence has been revoked. Disney is challenging the review process itself before the FCC takes further action.
