ABC Files First Amendment Lawsuit Against FCC, Calling Investigation a "Retaliatory Campaign"

Disney's ABC broadcast network filed a First Amendment lawsuit Tuesday against the Federal Communications Commission, accusing the agency of waging a "retaliatory campaign" against the company because of programming critical of President Donald Trump.

The lawsuit was filed in U.S. District Court for the District of Columbia and calls for the FCC to halt its early broadcast license renewal proceedings against ABC.

The FCC launched an accelerated review of a set of ABC's broadcast station licenses in April — years ahead of their scheduled expiration — citing concerns about Disney's diversity, equity and inclusion practices. That early review came shortly after renewed political backlash against ABC stemming from comments made by late-night host Jimmy Kimmel, whose show airs on the network. ABC's daytime talk show "The View" has also drawn criticism from the administration.

In May, ABC submitted license renewal applications, stating in filings that it was doing so "under protest in response to an unlawful, arbitrary, and unconstitutional order" from the FCC.

On Tuesday, ABC said it "continues to face irreparable harm" from the administration, which "has been acting" through the FCC.

The FCC pushed back in a statement Tuesday, framing the lawsuit as an effort to obstruct the agency's work. "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 statement said. "The FCC will continue to follow the facts and law wherever they lead."

FCC Chairman Brendan Carr, appointed by Trump to lead the agency, said earlier this year that the early license renewal was focused on Disney's DEI practices and was not tied to First Amendment concerns. The FCC began its investigation into Disney's stations last year for possible violations of the Communications Act of 1934 and the agency's rules prohibiting unlawful discrimination.

Last week, Disney CEO Josh D'Amaro reinforced the company's position in an interview with CNBC's Julia Boorstin. "I think you saw in our FCC filings our position on this is clear," D'Amaro told CNBC. "We're very principled on this. We're going to stand up to what we believe is journalistic and integrity, and we're not going to be told how to run that side of our business." D'Amaro took over as CEO in March from longtime Disney chief Bob Iger.

FCC Commissioner Anna Gomez — the sole Democrat on the commission and the only member to have opposed the agency's actions against ABC — issued a statement in support of the lawsuit Tuesday. "For months, the FCC has waged a campaign of censorship and control against Disney's ABC stations, using the threat of broadcast license revocations to punish a company for speech this administration doesn't like," Gomez said. "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."

The lawsuit escalates what has become one of the most visible confrontations between the Trump administration and a major broadcast network, reinforcing the widening tension between federal regulators and media companies over editorial independence. How courts respond to ABC's First Amendment arguments could set a significant precedent for the FCC's authority over broadcast licensees more broadly.