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CNBC Aug 17, 2026

Disney-owned ABC files First Amendment lawsuit against FCC

Disney-owned ABC has initiated a First Amendment lawsuit against the Federal Communications Commission (FCC), accusing the agency of conducting a retaliatory campaign linked to ABC’s programming, which has been critical of former President Donald Trump. The lawsuit, filed Tuesday in the U.S. District Court for the District of Columbia, challenges the FCC’s early review of several ABC broadcast station licenses. This review began months after ABC faced political backlash, including criticism sparked by comments made on ABC shows such as Jimmy Kimmel's late-night program and the daytime talk show "The View."

The FCC launched its early renewal process in April, years ahead of the scheduled expiration for ABC’s licenses, citing concerns about the broadcaster’s diversity, equity, and inclusion (DEI) efforts. ABC had opposed the review, submitting their license renewal applications under protest. FCC Chairman Brendan Carr, appointed by Trump, emphasized that the investigation focused on DEI practices and was not related to First Amendment issues. The probe also looks into alleged violations of the Communications Act of 1934 and FCC rules regarding unlawful discrimination.

In response to the lawsuit, an FCC spokesperson maintained that the commission is acting in the public interest and would continue to follow facts and law despite ABC's allegations and legal pushback. Disney CEO Josh D’Amaro has publicly defended the company’s stance, stressing the importance of journalistic integrity and refusing to allow government interference in how ABC runs its news and entertainment divisions. D’Amaro took over as Disney CEO in March, succeeding longtime chief Bob Iger, who recently made headlines for purchasing a majority stake in the NBA’s Los Angeles Lakers.

FCC Commissioner Anna Gomez, the commission’s sole Democrat, expressed strong support for ABC’s action against the FCC, condemning the agency’s approach as censorship and intimidation motivated by political pressure. She praised Disney's decision to stand up against what she called overreaching government tactics and encouraged other broadcasters to resist similar pressures in silence. The lawsuit adds to ongoing tensions between ABC, Disney’s leadership, and the federal agency overseeing broadcast regulatory matters.

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