Disney and ABC on Monday accused the FCC of wielding an extraordinary review of the network’s broadcast licenses to pressure the company over its editorial decisions, rather than pursuing less intrusive enforcement options.
In a new federal court filing, Disney challenged the Trump administration’s justification for ordering early license renewals for all eight ABC-owned television stations years before their licenses were set to expire. The company argued that the review—and the specter of possible revocation—amounts to an unlawful threat aimed at chilling protected speech, rather than a routine regulatory step. At issue is whether the FCC is conducting a legitimate investigation or retaliating against a broadcaster over programming that has drawn repeated criticism from President Donald Trump.
The eight stations, which serve major markets including New York, Los Angeles, Chicago, and Houston, hold licenses that were not due for renewal until between 2028 and 2031. In April, the FCC directed Disney to file early renewal applications, a step the agency had not taken against a broadcaster in more than 50 years. Disney has described the move as an “existential threat” to its operations and an “extraordinary assault on free speech,” contending that the process is already influencing editorial choices as the network seeks to avoid further administration ire.
The FCC has maintained that the early review stems from an ongoing investigation into whether Disney’s diversity, equity, and inclusion employment practices violate anti-discrimination rules, and that Disney’s responses to information requests were inadequate. The agency has argued in court that no final decision has been reached on the licenses, making judicial intervention premature, and that the stations’ licenses remain valid during the review.
Disney’s lawsuit, filed in August in U.S. District Court in Washington, seeks to block further steps in the proceeding. It cites a pattern of public statements by Trump calling for the FCC to strip ABC of licenses over news coverage, late-night programming, and other content he has criticized, along with remarks by FCC Chairman Brendan Carr. The company has pointed to the timing of the early-renewal order—issued the day after Trump urged ABC to fire host Jimmy Kimmel over a joke involving the first lady—as evidence of retaliation rather than coincidence.
The dispute reached a hearing earlier this month before Judge Loren L. AliKhan, who questioned the FCC’s reliance on the employment-practices investigation while appearing more open to procedural arguments that the case may not yet be ripe for review. Disney’s attorney told the court that the threat has created a “chilling effect,” likening the network’s position to having its “head on the guillotine” and stating that producers have already altered decisions about political content and bookings.
The case tests the boundaries of presidential criticism of media followed by regulatory action, and the extent to which the FCC’s licensing authority over public airwaves can be used without violating the First Amendment. No ruling has been issued, and the judge has requested additional written arguments from both sides.