ABC and Disney sue FCC, alleging First Amendment violations

Josh D'Amaro, CEO, The Disney Company, Chairman attends the press day of 'Disney Adventure World' & 'World Of Frozen' at Disneyland Paris on March 28, 2026 in Paris, France. Aurore Marechal/Getty Images hide caption

The ABC network sued the Federal Communications Commission in federal court Tuesday in a case with major First Amendment implications, arguing that the Trump administration has violated its free speech rights by launching investigations and challenging its broadcast licenses in retaliation for its news coverage, late-night satire and views on talk shows.

ABC and its corporate parent, the Walt Disney Co., allege that the FCC has taken these actions to appease President Trump, who has repeatedly called for the network to be stripped of its licenses in response to material which has sparked his ire.

The network's lawsuit cites Trump's own social media posts which condemn ABC's news coverage, its talk show The View and late night comedian Jimmy Kimmel — who has frequently mocked the president.

The lawsuit starts: "Government censorship is deeply un-American."

It goes on to note that, in the words of a recent unanimous U.S. Supreme Court decision involving the National Rifle Association, the government may not "use the power of the State to punish or suppress disfavored expression."

"This case concerns the Administration's sustained effort to do just that," the ABC/Disney lawsuit argues. "The Administration has waged a retaliatory campaign against ABC for a single reason: it disapproves of what ABC broadcasts."

ABC and Disney own eight local TV stations which beam out the national network's shows and local programming in specific regions. Among them are stations in six of the nation's largest markets, which contribute significantly to ABC's bottom line.

They require federal licenses because they rely on the public airwaves. The FCC forced all eight of them to undergo early scrutiny of the renewal process of the licenses, years ahead of schedule. It's an essentially unprecedented move in the modern era.

The FCC and its chief, Brendan Carr, did not immediately comment on the suit. The commission has historically acted in a quasi-independent role from presidential administrations, with the president's party holding three seats and the opposing party two. But Trump publicly said before taking office that he saw it as an extension of the executive branch; recent court decisions have reined in the independence of some other semi-autonomous agencies set up by Congress; and Carr has acted as a booster and advocate for Trump's excoriation of the press, including ABC.

For his part, Carr has said he is making sure broadcasters operate in the public interest — a legal requirement — and that they don't violate Trump's executive order on diversity, equity and inclusion.

But he has also been outspoken in his support for Trump's agenda, including specific criticisms of ABC, Kimmel, "The View" and its journalists. In one instance, he warned that ABC and Disney could "do this the easy way or the hard way" amid the president's call for Kimmel to be pulled off the air. The host was suspended and returned days later after a major public outcry.

Ironically, ABC had been the first in a string of major media companies and digital giants to reach settlements with Trump over lawsuits he filed against them as a private citizen. It paid $16 million to settle his defamation case in December 2024, involving remarks by anchor George Stephanopoulos, after Trump had won a return to the White House but before his inauguration.

Given Trump's continuing broadsides against Kimmel, its daytime talk show "The View," and its journalists, however, Disney has taken an increasingly assertive stance against the administration.

"We're very principled on this," Disney CEO Josh D'Amaro told CNBC's Julia Boorstin last week. "We're going to stand up to what we believe is journalistic and integrity, and we're not going to be told how to run that side of our business."

He took over from former Disney Chairman and CEO Bob Iger in March. Iger, who remains on the Disney board, is now a business partner of Josh Kushner — the brother of President Trump's son-in-law and diplomatic adviser, Jared Kushner — in striking a deal to buy the NBA's Los Angeles Lakers.

Other outlets are closely watching the growing ABC-FCC confrontation.

CBS's parent company Paramount, Meta, X and Google all struck deals similar to the one ABC reached to resolve lawsuits filed by Trump. The president has also filed private lawsuits against the Wall Street Journal , the New York Times , and the BBC over their reporting. They are ongoing.