Disney and ABC sue FCC on First Amendment grounds over early license review

Disney and ABC filed a First Amendment lawsuit against the Federal Communications Commission on Tuesday over the federal agency's order requiring the network to file an early license renewal request for all eight of its broadcast television stations. The commission, led by Chairman Brendan Carr, issued the order years ahead of the normal schedule for license renewals. The commission has been investigating Disney's alleged use of diversity, equity, and inclusion initiatives, while simultaneously probing ABC's morning talk show The View over a separate matter. The plaintiffs claim the Trump administration is waging a "retaliatory campaign" against the Disney-owned company because "it disapproves of what ABC broadcasts" to the public. "The Commission issued an unprecedented order requiring the Stations to file early applications to renew their licenses—years before any of their licenses would have come up for renewal in the ordinary course and allowing only thirty days to file applications which ordinarily take months to prepare," the plaintiffs' attorneys wrote in the civil complaint. "Until the day before that order issued, the Commission had not called for a renewal application ahead of schedule in more than half a century," they continued. "Nor had it ever demanded simultaneous early renewal applications from a group of stations commonly owned with a single broadcast network—much less stations with the record of public service and award-winning journalism like these Stations." The federal lawsuit, filed in the District of Columbia, seeks to halt the FCC from "taking or threatening to take any action" against Disney and ABC broadcast television stations regarding the early license renewal applications. "Plaintiffs come to this Court reluctantly with no alternative means to eliminate these ongoing and immediate threats other than total capitulation to the Administration's demands," the lawsuit reads. Carr ramped up his scrutiny of ABC after President Donald Trump criticized late-night show host Jimmy Kimmel for making a joke about the first lady in relation to the White House Correspondents' Association dinner shooting in late April. The chairman denied that the agency's decision to require an early license review of ABC was linked to Kimmel's joke, even though the inquiry started shortly after Trump and his wife called on ABC and Disney to take the comedian off the air. In July, Carr said the FCC would factor ABC's decision not to air Trump's primetime address from the White House on election fraud into the agency's review of the network's broadcast licenses. Though it did not broadcast the president's speech on broadcast television, ABC said it opted to put the address live on its streaming platforms and "air special reports analyzing the address" following the speech instead. The network noted there is no federal law that "required broadcasters to carry the address live" at all. The lawsuit lists Carr, Democratic commissioner Anna Gomez, and Republican commissioner Olivia Trusty as defendants. The FCC responded to the lawsuit, accusing the plaintiffs of spearheading a disinformation campaign on the early license renewal issue. "All broadcasters have a legal obligation to operate in the public interest—even Disney," the commission said in a statement. "The FCC has been examining claims that Disney engaged in illegal DEI discrimination for over a year. 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." Gomez broke from the rest of the FCC, applauding Disney and ABC for defending themselves in court. "I'm glad Disney has shown courage and stepped up," the lone Democratic commissioner posted on X. "It is time this administration understands that the Constitution does not bend to political convenience, and that the First Amendment protects news and commentary even when those in power wish it didn't." The complaint dropped days after Disney CEO Josh D'Amaro indicated that the company would not capitulate to the FCC's threats against its journalism business. "Our position on this is clear," D'Amaro told CNBC at D23 on Friday. "We're very principled on this. We're going to stand up to what we believe is journalistic integrity. And we're not going to be told how to run that side of our business."