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| Brendan Carr |
Disney sues the FCC, becoming the first major broadcaster to take the Trump-era commission to court over alleged retaliation for its editorial decisions.
The company is asking a federal judge to immediately halt accelerated license reviews, arguing the FCC is improperly using its regulatory power to punish constitutionally protected speech and pressure ABC into changing its programming. This marks a notable shift from other media organizations and reflects Disney’s more combative posture in recent months, including a viewer awareness campaign about the issue.
For new Disney CEO Josh D’Amaro, who assumed the role in March, the lawsuit represents a sharp reversal from the more accommodating approach under predecessor Bob Iger.
“Disney has a far stronger case against Carr than Carr has against Disney,” Blair Levin, a New Street Research analyst and former FCC chief of staff, told TheWrap.
“I doubt any court would uphold Carr’s failure to renew Disney’s license.” Experts say a Disney victory could embolden other companies to resist FCC threats, while a loss could deepen the chilling effect already felt across the industry.
Blake Reid, a University of Colorado Boulder law professor specializing in telecommunications and free speech, described ABC’s First Amendment case as “about as strong as they come,” pointing to FCC Chair Brendan Carr’s public statements and the commission’s actions as “pretty clear” evidence of retaliation.
The FCC responded that all broadcasters, “even Disney,” must operate in the public interest. It said it has investigated allegations of illegal DEI discrimination at Disney for more than a year, accused the company of a “campaign of disinformation,” and pledged to “follow the facts and law wherever they lead.”
Separately, the FCC is reviewing ABC’s request for “The View” to qualify for a “bona fide news” exemption from equal-opportunities rules for political candidates. A month after updating guidance to exclude late-night and daytime talk shows from that exemption, the agency opened an inquiry after Texas state Rep. James Talarico, a Democratic Senate candidate, appeared as a guest. Carr later said ABC’s decision to limit coverage of Trump’s July primetime address would also factor into the license review.
In its lawsuit, ABC contends the FCC’s stated reasons are a pretext for punishing the network over its programming. The company reported receiving more than 600 requests for information and documents and producing over 13,000 pages in response, arguing that the burden and prolonged uncertainty themselves constitute punishment—whether or not licenses are ultimately denied or left unresolved for years.