ABC, Disney Sue FCC Over Early License Review, Citing Political Pressure

ABC and its parent company, Disney, have filed a lawsuit against the Federal Communications Commission (FCC) in an attempt to block an early review of broadcast licenses for eight Disney-owned local television stations. The network argues that the review is an unlawful attempt by the Trump administration to punish it for its content and force programming changes.

The lawsuit contends that the FCC has waged a retaliatory campaign against ABC, citing the president's disapproval of its news coverage and comments made by late-night host Jimmy Kimmel. According to the filing, the pressure has already had a chilling effect on editorial decisions. For instance, ABC says it has refrained from booking political candidates on its daytime talk show, "The View," for fear of retaliation.

The network also points to its handling of a July 16 speech by President Trump on election security. ABC chose to stream the address live rather than broadcast it on its main network, a decision the lawsuit says was influenced by the risk of administration retaliation. Trump had called for ABC and NBC to lose their licenses after they declined to air the speech live.

FCC Chair Brendan Carr, appointed by Trump in 2017 and designated chair last year, denied that the agency is infringing on Disney's free speech rights or responding to the president's dislike of specific content. Carr stated that the FCC's job is to hold broadcasters accountable to the public interest standard, noting that stations receive free use of the airwaves in exchange for providing public-interest programming. He added that any license decision will be based on the facts, the law, and the record.

The licenses for the eight stations, which include properties in New York, Los Angeles, Chicago, and Houston, are not due to expire until 2028 to 2031. The FCC has not conducted early license reviews of this kind in half a century. The review has involved 600 requests for information, yielding 13,000 pages of documents, and has sought data on political donations made by staff.

The lawsuit notes that "The View" has not featured a political candidate since February, when James Talarico, a Democrat running for the U.S. Senate in Texas, appeared. That appearance triggered an FCC inquiry into whether it violated federal "equal-time" rules. The FCC asked the Disney-owned Houston station to produce communications about the booking and to disclose political donations made by co-hosts and employees over four years.

As a result, the network says it must now evaluate any invitation to a political candidate for its potential consequences. Journalism professor Gabriel Kahn of the University of Southern California's Annenberg School said the lawsuit illustrates how federal agencies have been "weaponized to go after perceived enemies," leaving companies like Disney with no choice but to engage in lengthy and costly litigation.