Disney’s ABC sued the Federal Communications Commission on Tuesday, seeking to block the agency’s demand for an early review of broadcast licenses, alleging that the move violates First Amendment rights.
The suit, filed in federal court in Washington, D.C., claims the Trump administration “waged a retaliatory campaign” against ABC over its programming, including by pressuring the FCC to take regulatory action against the network.
The legal move comes after the FCC ordered in April that eight of the Disney-owned ABC stations file for broadcast license renewal months ahead of schedule — the first such early review by the agency in more than 50 years, per Reuters.
The review also came amid Trump’s repeated calls for ABC’s late-night host Jimmy Kimmel to be fired after Kimmel made a joke about first lady Melania Trump.
The FCC says the early review stems from its ongoing investigation into Disney’s diversity, equity and inclusion practices, while the lawsuit argues that the investigation is part of a broader campaign against ABC’s programming.
Disney asked the court to block the FCC from taking or threatening to take action against ABC as it reviews the network’s early license renewal applications.
“Again and again, the Administration has attacked ABC’s speech — the stories its journalists report and the viewpoints its network programs air,” the suit states. “Over time, those attacks have escalated into express demands that ABC be stripped of its broadcast licenses because of its speech.”
“Facing this existential threat,” it added, “Plaintiffs have no choice but to seek redress from the judicial branch for the Administration’s blatant retaliation for their First Amendment speech.”
The FCC pushed back against claims made in the network’s suit, arguing that Disney has the same legal obligations as other broadcasters and must operate in the public interest, per a statement given to the New York Post.
The agency also defended its ongoing investigation into Disney’s DEI practices, saying it has been examining allegations of discrimination for more than a year.
“The FCC has been examining claims that Disney engaged in illegal DEI discrimination for over a year,” the agency said in the statement.
“Disney is obviously very concerned about the FCC’s proceeding, as evidenced by their ongoing campaign of disinformation as well as their decision to ask a court to stop the FCC from further pursuing matters. The FCC will continue to follow the facts and law wherever they lead.”
Anna M. Gomez, the lone Democratic appointee on the FCC, applauded Disney for pushing back against the FCC.
“For months, the FCC has waged a campaign of censorship and control against Disney’s ABC stations,” she said in a statement, “using the threat of broadcast license revocations to punish a company for speech this administration doesn’t like.”
“I have long called on companies to push back against this kind of government intimidation, and I’m glad Disney has shown courage and stepped up,” Gomez said in a statement. “This should be a welcome sign for every broadcaster who has felt the weight of this overreaching government pressure in silence.”