Disney and ABC sue FCC, alleging retaliatory campaign over broadcast content

The Walt Disney Company and ABC filed suit in federal court on August 18, 2026, challenging an order from the Federal Communications Commission that they characterize as government retaliation for the network's editorial decisions. According to NBC News, the lawsuit seeks to block what Disney describes as an "existential threat": an unprecedented directive requiring eight Disney-owned ABC television stations to file broadcast license renewal applications years ahead of schedule, with only thirty days to prepare filings that ordinarily take months.

The filing raises core First Amendment questions about regulatory pressure on press freedom. Disney owns and operates television stations in Los Angeles, New York, and San Francisco, among other markets. The licenses were not due for renewal until 2028 at the earliest, according to NBC News. In late April, the FCC ordered the stations to file early applications, a move Disney's legal team, which includes prominent attorneys Beth Wilkinson and Paul Clement, called "unprecedented."

The regulatory action coincided with FCC scrutiny of ABC content. According to NBC News, the FCC probe examined ABC's "The View" program as well as a long-running investigation into diversity, equity and inclusion practices at Disney. The timing followed public criticism from President Donald Trump and his administration. Per NBC News, Trump posted on social media that late-night TV hosts "are almost 100% Negative to President Donald J. Trump" and asked whether broadcast licenses should "be terminated?" The FCC move came after the White House and Trump himself assailed ABC late-night host Jimmy Kimmel over a joke about First Lady Melania Trump, according to NBC News. In September 2025, Disney pulled Kimmel off air briefly after pressure from FCC Chairman Brendan Carr, following Kimmel's comments about the shooting death of conservative activist Charlie Kirk, NBC News reports.

The lawsuit states, according to NBC News: "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. That campaign began in this Administration's earliest days and has only intensified since." ABC requested a speedy hearing and asked for a temporary restraining order from the U.S. District Court for the District of Columbia, per NBC News. The suit requests that the court "immediately" stop the FCC "from taking or threatening to take any action" against Disney and ABC stations "in relation to the early license renewal applications."

The FCC and its leadership dispute the retaliation characterization. An FCC spokesperson, according to NBC News, stated: "All broadcasters have a legal obligation to operate in the public interest, even Disney. The FCC has been examining claims that Disney engaged in illegal DEI discrimination for over a year." The spokesperson added, per NBC News: "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." FCC Chairman Brendan Carr, reported by NBC News in July, argued the early renewal orders were meant to ensure Disney was operating in the public interest rather than as retaliation, and noted that broadcasters on the public airwaves have a legal obligation to comply with public interest standards. When Disney and ABC argued to the FCC that "The View" is a legitimate news program and pointed to an FCC staff ruling on the matter in 2002, Carr rejected that precedent, stating according to NBC News: "The 2002 [ruling] was a staff-level decision that was based on representations made in the record all the way back in 2002, and so there's a question of, is the program still the same today as it was back then?"

Anna M. Gomez, the lone Democratic appointee on the FCC, expressed a different view. According to NBC News, Gomez stated: "I have long called on companies to push back against this kind of government intimidation, and I'm glad Disney has shown courage and stepped up. This should be a welcome sign for every broadcaster who has felt the weight of this overreaching government pressure in silence." On Friday, newly installed Disney CEO Josh D'Amaro said the company was "principled" in its fight against the FCC's moves. D'Amaro told CNBC, per NBC News: "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. I like what we do. We tell incredible stories. I think we do it well. And we're going to stay committed to that."