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ABC and Disney Sue the FCC, Calling Early License Review an 'Existential Threat' to the Network

Disney's ABC filed a First Amendment lawsuit Tuesday to halt the FCC's early review of eight broadcast licenses, a process triggered after host Jimmy Kimmel's jokes angered President Trump.
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Thursday, August 20, 2026

The numbers come first. Eight broadcast licenses. Eight-year renewal cycles. One lawsuit that could redraw the line between federal regulatory power and the freedom of the American press.

ABC, parent company Disney, and the eight ABC-owned stations affected filed suit in federal court Tuesday against the Federal Communications Commission, asking a judge to immediately stop early license-renewal proceedings the network called an 'existential threat.' The filing rests on First Amendment grounds.

The FCC, under Chairman Brendan Carr — appointed by President Trump in November 2025 — ordered the early review in April, years before the licenses were scheduled to expire. The agency cited ABC's diversity and inclusion practices as justification. The move came shortly after late-night host Jimmy Kimmel, a vocal Trump critic, made comments that drew the president's public anger and a call for Kimmel's firing.

In the lawsuit, ABC alleged that 'again and again, the Administration has attacked ABC's speech — the stories its journalists report and the viewpoints its network programs air,' and that those attacks had 'escalated into express demands that ABC be stripped of its broadcast licenses because of its speech.'

The network argued it had 'no alternative means to eliminate these ongoing and immediate threats other than total capitulation to the Administration's demands.'

The lawsuit also quoted Carr directly. When Kimmel's comments drew White House fury, Carr reportedly said: 'We can do this the easy way or the hard way. These companies can find ways . . . to take action . . . on Kimmel, or there is going to be additional work for the FCC ahead.'

The early license review is one front in a broader confrontation. Carr has also sought to subject ABC's morning talk show 'The View' to equal-time rules — a question ABC says the FCC itself resolved in the network's favor more than two decades ago. ABC argues 'The View' qualifies as a bona fide news program, exempting it from rules that require equal airtime for competing political candidates.

The sole Democrat on the commission, Anna Gomez, sided with the plaintiffs. 'For months, the FCC has waged a campaign of censorship and control against Disney's ABC stations,' she said, 'using the threat of broadcast license revocations to punish a company for speech this administration doesn't like.'

Longtime First Amendment attorney Floyd Abrams told The Associated Press that tensions between broadcasters and the FCC are not new — but 'not until the Trump Administration has the government so directly, so deliberately and so dangerously sought to limit the freedom of the broadcast press to cover and discuss the news.'

In late July, Carr defended the agency's posture, saying broadcasters have a duty to 'operate in the public interest' and that the FCC was working to restore that standard.

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CEO Times reads this as a collision of two legitimate principles — and the outcome will matter to every media company holding a federal broadcast license. The administrative state wields real leverage over licensed broadcasters in a way it cannot over print or digital outlets; that asymmetry has always been a structural vulnerability for free expression. Whatever one thinks of Kimmel's comedy or ABC's editorial choices, the use of license-renewal timing as a pressure instrument sets a precedent that outlasts any single administration. Capital rewards clear rules, and a regulatory environment where licenses become political bargaining chips is one where no broadcaster — left, right or center — can plan with confidence. The courts will now decide whether the FCC's 'public interest' mandate is a governing standard or a governing weapon.

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