Disney and ABC sue FCC over early license renewals, alleging “a retaliatory campaign”

The Walt Disney Company, ABC and their television stations sued the Federal Communications Commission on Tuesday, alleging the agency’s request to file for early license renewal violates their First Amendment rights and amounts to “a retaliatory campaign.”

The ABC licenses were originally scheduled for renewal between 2028 and 2031.

The lawsuit, filed in a federal court in Washington, D.C., seeks to halt the FCC’s early renewal request and stem the possibility of the agency intervening in or influencing ABC’s editorial decisions. The media companies allege that the agency’s regulatory actions are intended to punish ABC for “content and viewpoints the Administration dislikes.”

“Acting through the Federal Communications Commission, the Administration has waged a retaliatory campaign against ABC for a single reason: it disapproves of what ABC broadcasts,” ABC wrote in the 45-page complaint.

The FCC did not immediately respond to a request for comment. Speaking to Politico last month, FCC chairman Brendan Carr said he thinks “we are so much better off as a country having a respected national news media, and we’re not there right now.”

The lawsuit comes after the agency in April ordered an accelerated review of Disney’s ABC-owned television stations, which it said was related to an ongoing investigation into the company’s diversity, equity and inclusion practices. The announcement followed President Trump’s call for late-night comedian Jimmy Kimmel to be fired over a joke he made about first lady Melania Trump.

Experts previously told CBS News that the timing of the FCC’s order was “highly suspect” and likely related to the president’s call to fire Kimmel rather than the FCC’s DEI investigation.

The agency has the authority to revoke broadcast licenses, but would face an extremely high legal bar according to experts. Another course of action would be to decline to renew ABC’s licenses, although that would likely lead to a protracted legal battle. 

Disney declined to comment. The company owns eight TV stations, including WABC-TV in New York and KABC-TV in Los Angeles.