Disney-owned ABC filed a lawsuit on Tuesday in U.S. District Court for the District of Columbia against the Federal Communications Commission, alleging that the agency’s investigation into the broadcaster represents a retaliatory campaign centered on the company’s news and entertainment content. The network contends that the FCC’s actions violate First Amendment protections and has requested that the court halt the agency’s early renewal proceedings for ABC’s broadcast licenses.
The FCC initiated an accelerated review of ABC’s broadcast station licenses in April, years before their scheduled expiration dates. The agency cited concerns regarding the company’s diversity, equity and inclusion initiatives as the basis for the early examination. ABC submitted its license renewal applications in May while formally objecting to what it characterized as an unlawful and unconstitutional order from the FCC. The accelerated review followed political criticism directed at the network concerning statements made on programs including the late-night show hosted by Jimmy Kimmel and the daytime talk program “The View.”
FCC Chairman Brendan Carr, who was appointed by President Trump, stated that the agency’s examination focused specifically on Disney’s DEI practices rather than First Amendment concerns. The FCC began investigating Disney’s broadcast stations to determine whether they violated provisions of the Communications Act of 1934 and regulatory rules prohibiting unlawful discrimination. An FCC spokesperson responded to the lawsuit by asserting that the agency operates in the public interest and will continue to pursue matters according to facts and applicable law.
Disney CEO Josh D’Amaro recently reaffirmed the company’s commitment to journalistic integrity and stated that Disney would not accept direction from the government regarding the operation of its news operations. FCC Commissioner Anna Gomez, the sole Democratic member of the commission, issued a statement supporting ABC’s decision to file the lawsuit and characterized the FCC’s actions as a campaign of censorship and control designed to punish speech that the current administration opposes.
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