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Disney sues US regulator FCC over ABC retaliation campaign

Disney has sued the Federal Communications Commission in a Washington federal court, accusing the regulator of waging a retaliatory campaign against ABC.

Disney sues US regulator FCC over ABC retaliation campaign

The Walt Disney Company has filed a lawsuit in a Washington federal court against the Federal Communications Commission to protect its television network ABC. The legal action filed on Tuesday alleges that the regulator under the Trump administration is violating Disney's First Amendment rights through a retaliatory pressure campaign targeting the network's broadcasts.

In its complaint submitted to the US District Court in Washington, D.C., Disney claimed the administration launched the retaliatory campaign against ABC for the single reason that it disapproves of the content the network transmits. The lawsuit comes amid an FCC investigation into the daytime talk show The View and an unusual challenge by the regulator to broadcast licenses held by ABC stations.

The Walt Disney Company is a major American media conglomerate that owns and operates the American Broadcasting Company, known as ABC. Television stations operate under the jurisdiction of the FCC because they broadcast content across public airwaves, with licenses subject to periodic regulatory review.

License challenges and political pressure

FCC Chairman Brendan Carr, an ally of President Donald Trump, has been investigating Disney on several fronts, including its corporate diversity, equity, and inclusion policies. Carr stated that Disney may be engaging in illegal discrimination regarding its DEI programs.

Critics of the regulator argue that DEI concerns serve as a laughable pretext for what is actually a political campaign led by President Trump. Trump has criticized ABC and other television networks for years, repeatedly denouncing network journalists and calling for the revocation of broadcast licenses.

Political tension escalated last April when conservative groups expressed outrage over a controversial joke made by late night host Jimmy Kimmel on his ABC talk show. Trump subsequently pressured the network to fire Kimmel.

While ABC defended Kimmel's program, Carr ordered the network to submit documentation for early renewal of its station licenses. All eight of the licenses owned directly by Disney were not due to expire for several years.

Carr claimed the timing of the request was mere coincidence related to his DEI investigation, but the move was widely viewed as government retaliation for broadcasting Kimmel's show and resisting administration demands. While there are more than 200 ABC affiliated stations across the United States owned by independent companies, the eight stations owned directly by Disney are the ones facing FCC investigation.

FCC broadcast licenses are standardly renewed every eight years and are almost never revoked. Prior to this year, the agency had not issued an early license renewal request in decades, though Carr has indicated a determination to use limited regulatory powers in novel and controversial ways.

Demands for court injunction

In its Tuesday court filing, Disney specifically requested that the federal court issue a temporary restraining order and an injunction to block Carr from proceeding with the license challenge. The complaint stated that judicial intervention is necessary to halt what it termed an extraordinary attack by the Federal Communications Commission on freedom of speech.

Disney stated in the filing that it had no intention of provoking a conflict with the US government and took legal action reluctantly. The company argued that no alternative remained to eliminate immediate and continuous threats short of complete surrender to government demands.

An FCC spokesperson responded that the agency has been investigating allegations of illegal discrimination related to diversity, equity, and inclusion at Disney for over a year. The spokesperson added that Disney is clearly concerned about the regulatory process, as demonstrated by what the agency called a continuous disinformation campaign and a court effort to block the investigation.

Impact on television programming

Carr has also opened proceedings against ABC daytime talk show The View for an alleged violation of equal time rules, invoking a regulatory principle rarely applied in recent years. The View features a panel of hosts and frequently hosts outspoken political critics of Trump.

Disney's lawsuit alleged that regulatory pressure has already altered production decisions on the daytime program. ABC stated that since the investigation began, producers of The View have become more cautious when considering political candidates as guests and stopped evaluating several potential guest appearances.

No political candidate has appeared on The View since February 2. ABC added that it has also chosen not to broadcast certain video clips that would have been used under normal circumstances, out of concern that the segments could be categorized as candidate appearances and weaponized in the FCC investigation.

Industry reactions and company stance

The regulatory dispute has drawn reactions from across the media landscape, with First Amendment advocacy groups condemning the action against ABC while conservative groups defended the regulator. Daniel Suhr, president of the Center for American Rights and an ally of Carr, stated earlier this year that it is not in the public interest for ABC to function as an arm of the Democratic National Committee.

Speaking in an interview on CNBC last week, Disney chief executive Josh D'Amaro stated that the company position on the matter is clear. Citing ABC's journalistic integrity, D'Amaro said Disney would not accept being told how to manage that part of its operations, adding that the company remains committed to telling stories around the world.

The lawsuit submitted on Tuesday stated that government pressure has been deeply felt across Disney. The complaint warned that the regulatory campaign was calculated to serve as an act of terror against the wider broadcasting industry, leaving ABC as the immediate target while sending a warning to media outlets nationwide.

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