In a high-stakes federal court hearing on October 6, 2026, Disney's ABC urged U.S. District Judge Loren AliKhan to block an unprecedented, early FCC review of its eight local station licenses. ABC attorney Beth Wilkinson argued the review acts as a regulatory 'guillotine' chilling editorial decisions, citing retaliatory pressure from President Donald Trump and FCC Chair Brendan Carr. The Justice Department countered that the court lacks jurisdiction and defended the review as a legitimate probe into Disney's DEI practices.
The Federal court challenge
- ▪Federal judge Loren AliKhan questions the government rationale for the early review of ABC station licenses
- ▪The Walt Disney Company and ABC filed a lawsuit in August 2026 alleging that the Federal Communications Commission's early license review is unconstitutional retaliation for programming and coverage that President Donald Trump dislikes.
- ▪Federal judge hears the Justice Department argue that the district court lacks jurisdiction over the FCC early review of ABC licenses
Impact on ABC's editorial decisions
- ▪ABC attorney Beth Wilkinson tells the court the FCC review has had an immediate chilling effect
- ▪ABC altered its programming by publishing a Jimmy Kimmel interview with Texas Democratic Senate candidate James Talarico on YouTube rather than broadcasting it, and by halting political candidate invitations on 'The View' since February 2026.
The FCC's early license review order
- ▪The Federal Communications Commission ordered eight Walt Disney Company and ABC television stations, originally scheduled for renewal between 2028 and 2031, to submit early license renewal applications in April 2026, its first such review in over 50 years.
- ▪The Federal Communications Commission and the Justice Department stated that the early license review was initiated because The Walt Disney Company failed to adequately respond to an investigation into its diversity, equity, and inclusion practices.
President Trump's pressure on ABC
- ▪President Donald Trump publicly threatened ABC's station licenses in July 2026 after ABC and NBC chose not to broadcast his prime-time address containing unverified election claims.
- ▪President Donald Trump has repeatedly criticized ABC News, the talk show 'The View', and late-night host Jimmy Kimmel, urging the Federal Communications Commission to strip ABC of its broadcast licenses.
- ▪The Federal Communications Commission's early license review order was issued one day after President Donald Trump publicly demanded that Disney fire late-night host Jimmy Kimmel over a joke about the president and first lady Melania Trump.
Debatable claims
- ▪The FCC's early license review of ABC stations is unconstitutional retaliation
- ▪U.S. district courts have jurisdiction to block FCC actions before a final agency decision
- ▪The FCC's use of license reviews to enforce compliance with DEI investigations goes too far
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