Disney, ABC battle Trump’s FCC in court over free speech protections

by | Oct 6, 2026 | Top Stories

Disney, ABC battle Trump's FCC in court over free speech protections

A federal court in Washington, D.C., is hearing arguments in a case where Disney and ABC challenge the Federal Communications Commission’s decision to accelerate reviews of the network’s eight owned-and-operated television station licenses. The legal battle centers on concerns that the expedited review process violates First Amendment protections and represents government overreach tied to the network’s news and commentary content.

The dispute stems from months of criticism by President Trump targeting ABC and its late-night host Jimmy Kimmel, who has repeatedly mocked the president. Trump has also criticized other ABC programming, including the daytime talk show The View, and previously sued the network over statements made by anchor George Stephanopoulos. FCC Chair Brendan Carr, appointed by Trump, initiated investigations into ABC’s diversity policies and has cited the agency’s obligation to ensure broadcasters serve the “public interest” as justification for the accelerated license review. Though Carr stated the review is unrelated to content, media observers and legal experts describe the timing and targeting as unprecedented.

Disney CEO Josh D’Amaro authorized the legal challenge, with ABC and the company seeking a court order to halt the accelerated review process. Six of the eight affected stations operate in major media markets and generate substantial revenue for the network. Judge Loren L. AliKhan has temporarily halted the FCC’s proceedings pending the hearing. Media advocacy groups, including the Reporters Committee for Freedom of the Press, have filed briefs supporting ABC, arguing the FCC’s actions represent an unprecedented threat to journalism and broadcast freedom.

The case has drawn support from multiple constituencies. Conservative Republican fundraising committees have filed briefs backing the FCC’s position, while certain conservative-leaning organizations, including the Cato Institute and Competitive Enterprise Institute, have sided with ABC, citing concerns about government pressure based on content. The dispute raises fundamental questions about regulatory authority, First Amendment protections, and the limits of government influence over broadcast news operations.

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