The Federal Communications Commission has asked a federal court to dismiss a First Amendment lawsuit filed by The Walt Disney Company and ABC. The legal battle began after FCC Chairman Brendan Carr ordered an unprecedented early review of ABC's eight local station licenses in April 2026, just one day after President Donald Trump demanded the firing of late-night host Jimmy Kimmel. While the FCC asserts the review is a legitimate investigation into Disney's diversity and inclusion hiring practices, Disney contends the agency is weaponizing its regulatory power to retaliate against critical media coverage.
FCC motion to dismiss
- ▪The Federal Communications Commission argued that ABC's lawsuit was filed in the wrong court, asserting that Congress stipulated such challenges should be heard by a federal appeals court rather than a U.S. District Court.
- ▪U.S. District Judge Loren L. AliKhan scheduled a court hearing on the Federal Communications Commission's motion to dismiss the Disney lawsuit for October 6, 2026, in Washington.
- ▪The Federal Communications Commission filed a motion on September 3, 2026, asking a federal court in Washington to dismiss a lawsuit brought by The Walt Disney Company and ABC.
- ▪The Federal Communications Commission argued in its September 3, 2026, court filing that ABC's lawsuit is premature because the agency has not yet made a final determination or moved to strip the network's broadcast licenses.
Early ABC license review
- ▪The Federal Communications Commission agreed to provide ABC with at least 48 hours of notice before issuing any order to refer the network's licenses to public hearings.
- ▪The broadcast licenses for ABC's eight local stations were not scheduled to expire or be considered for renewal until at least October 2028, with some extending to 2030.
- ▪The Federal Communications Commission's early review of ABC's licenses represents the first time the agency has conducted an early license review in more than 50 years.
- ▪Federal Communications Commission Chairman Brendan Carr ordered an early review of the broadcast licenses for ABC's eight owned-and-operated local television stations in April 2026.
Trump administration pressure on ABC
- ▪President Donald Trump has repeatedly called on the Federal Communications Commission to terminate or revoke the broadcast licenses of television networks that air news or comedy programs critical of his administration.
- ▪President Donald Trump called on the Federal Communications Commission on August 30, 2026, to punish NBC journalist Kristen Welker after she reported that Trump's political endorsements had mixed success.
- ▪The Federal Communications Commission ordered the early review of ABC's licenses one day after President Donald Trump publicly called on ABC to fire late-night host Jimmy Kimmel over a monologue joke.
First Amendment press freedom test
- ▪ABC is the first major television broadcaster to legally challenge the Federal Communications Commission's enforcement actions since President Donald Trump returned to power.
- ▪The Walt Disney Company's lawsuit alleges that the Federal Communications Commission's early license review is an extraordinary assault on free speech designed to coerce and retaliate against a network that refuses to bow to administration demands.
- ▪ABC is separately contesting a Federal Communications Commission review into whether its daytime talk show, 'The View,' should be exempt from the equal-time rule for political candidates.
DEI investigation basis
- ▪The Federal Communications Commission has been investigating diversity practices at NBC owner Comcast since February 2025 and has not ruled out subjecting NBC's licenses to an early review.
- ▪The Federal Communications Commission justified its early license review by citing an ongoing investigation into ABC's diversity, equity, and inclusion hiring practices, which began in February 2025.
- ▪The Federal Communications Commission asserted that ABC's responses to the agency's investigative demands regarding its diversity and inclusion practices were deficient and nonresponsive.
Debatable claims
- ▪The FCC should revoke broadcast licenses over biased political programming
- ▪The FCC's early review of ABC's licenses is politically motivated
- ▪The FCC should investigate broadcasters' diversity and inclusion hiring practices
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