Disney files First Amendment lawsuit against the FCC over station license challenges

The latest chapter in dramatic saga

Disney laid down the gauntlet like Thor against the FCC Tuesday as the company has filed a First Amendment lawsuit against the agency over its broadcast licenses of its eight ABC-owned stations, stating its regulatory actions and investigations are “retaliatory”.

In the lawsuit, Disney stated that “[A]cting through the Federal Communications Commission, the [Trump] Administration has waged a retaliatory campaign against ABC for a single reason: it disapproves of what ABC broadcasts,” referring to Jimmy Kimmel’s jokes about the President on his late-night show and whether or not to count The View as a talk show exempt from equal-time rules. 

Filed in Washington D.C. District Court, the lawsuit also seeks to stop proceedings through a restraining order and an injunction related to broadcast licenses in eight cities, including WLS-TV in Chicago. In April, FCC Chairman Brendan Carr ordered an early license renewal review of ABC’s eight stations, which weren’t due until 2028 or later. Carr was named in the suit, as was commissioners Olivia Trusty and for litigation reasons, Anna Gomez, who as a Democrat, blasted her own agency for its actions.

The suit mentioned numerous infractions Trump has accused the network of, including the 2024 Presidential debate they aired, and a joke Kimmel made about Charlie Kirk after his death last September, which led station groups Nexstar and Sinclair to temporarily pull the show, which forced ABC to suspend it.

The license review came shortly after Kimmel made a joke about Trump’s appreance, saying his wife Melania looked like “an expected widow”, with the FCC stating it was because of “DEI violations”. With the public comment period now closed, the agency could start a hearing designation soon, which starts the adjudication process. 

“Any FCC adjudication would be a charade. The Commission cannot lawfully grant renewal this early in the license terms—the only outcomes on the table are adverse to Plaintiffs”, ABC’s lawsuit continued. “At one extreme, the Commission may intentionally prolong the adjudicative process, miring ABC in years of costly litigation, with the threat of adverse action ever present and with every editorial judgment shadowed by the prospect of provoking the Administration into further retaliation.”

In recent comments, Carr said that ABC’s refusal to air a Presidential address on its linear network on July 16 (they streamed it through ABC News Live instead) would be part of the review – even though major networks and local stations are not required to, something this space has pointed out before. The address, featuring Trump’s continuing (and tiring) claims about the 2020 elections, wasn’t carried by NBC, or Nexstar’s WGN-TV in Chicago, which usually carries Presidential addresses but decided to stick with CW programming instead.The FCC responsed to the lawsuit with the same canned language it has always used throughout this ordeal: “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”, which is odd given Trump made, once again, repeated false claims about the 2020 elections in his primetime speech. Carr thought it was in the “public interest” (it wasn’t), a phrase he has pushed repeatedly since he was appointed FCC Chair. 

In June, ABC took the issues with the FCC to the streets, asking viewers to send comments to the agency. More than 150,000 comments were received, including from some local Chicago organizations, including the Greater Chicago Food Depository, Lurie’s Children’s Hospital, The Chicago Urban League, and the Illinois Broadcasters Association, according to the Chicago Tribune. 

In Raleigh-Durham where ABC owns WTVD, support came from the Big Brothers Big Sisters Of The Triangle, Carolina Theater of Durham, Food Bank Of Eastern and Central Carolina, and the Duke Cancer Institute, according to the Raleigh News & Observer. 

Other support across the eight markets came from local police, firefighters, churches, schools, non-profits, and businesses. In all, 95 percent of the comments were supportive of Disney and ABC. 

Many former FCC chairs, commissioners, and staff across the political spectrum also filed their support for Disney, including former chairmen Al Sikes and Tom Wheeler. 

The real question is this – would Carr factor this outpouring of support in his decision to pursue this? Or would he follow the orders of his boss at the White House because he doesn’t like what content the network puts on? Keep in mind only four stations have ever lost their licenses in history, with the last being 35 years ago when the then-owners of WSNS lost theirs during a decade-long battle. No station group has ever lost their entire group of licenses – it’s advisable that Carr does not get on the wrong side of history.