Disney Files First Amendment Lawsuit Against the FCC

Disney and ABC Sue FCC Over Early Broadcast License Review

The Walt Disney Company and ABC are taking their fight with the Federal Communications Commission to federal court, filing a lawsuit that seeks to stop the agency from moving forward with an unusually early review of broadcast licenses held by eight Disney-owned ABC television stations. Disney argues the FCC’s actions violate the company’s First Amendment rights and amount to retaliation over programming the Trump administration does not like.

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The dispute centers on an FCC order requiring Disney’s eight owned-and-operated ABC stations to begin the license renewal process years ahead of schedule. Those licenses were not expected to come up for renewal until at least 2028. Disney says the accelerated process is unprecedented and gave the stations only 30 days to prepare applications that normally require months of work.

The FCC’s scrutiny of Disney and ABC has included investigations surrounding Disney’s diversity, equity and inclusion practices and questions involving ABC’s The View. The lawsuit also points to criticism of the network from President Donald Trump and previous tensions surrounding Jimmy Kimmel Live! as evidence supporting Disney’s argument that the company is being targeted because of its programming and editorial decisions. Disney is asking the U.S. District Court for the District of Columbia to immediately block the FCC from taking action connected to the accelerated license proceedings.

FCC Chairman Brendan Carr has rejected Disney’s characterization of the agency’s actions. Carr maintains that broadcasters using public airwaves have an obligation to operate in the public interest and has said the FCC will follow the facts and the law as the proceedings continue. The FCC has also said its examination of Disney includes allegations surrounding the company’s DEI practices. Democratic FCC Commissioner Anna Gomez, meanwhile, has publicly supported Disney’s decision to challenge the agency in court.

The lawsuit is also one of the first major legal battles involving Disney since Josh D’Amaro became CEO. Days before the filing, D’Amaro said Disney would stand behind what it considers journalistic integrity at ABC and would not allow outside pressure to dictate how that part of the company operates. The legal challenge now puts Disney, ABC and the FCC on a potentially significant collision course over the boundaries between federal regulation of broadcasters and protections for editorial speech.

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For Disney fans, this fight is far removed from castles, cruise ships and theme park attractions, but its outcome could have major implications for another enormous piece of The Walt Disney Company’s business. We will continue following the case as it moves through federal court. And if you would rather make your next Disney headline involve a vacation instead of a courtroom, our partners at Get Away Today can help plan your next Walt Disney World or Disneyland getaway.