Further escalating its battle with the Trump administration, ABC on Tuesday took the rare step of suing the Federal Communications Commission on First Amendment grounds, saying the agency’s demand for early review of its broadcast licenses posed an 鈥渆xistential threat鈥� to the network.
In the lawsuit, ABC, its parent company Disney and the eight ABC-owned stations whose licenses are affected asked a federal court to stop .
The FCC under , an ally of President Donald Trump, had ordered the early review in April 鈥� itself a rare move 鈥� of all eight licenses owned by ABC, years before they are set to expire. Licenses are issued for eight-year periods. The FCC cited the network鈥檚 diversity and inclusion practices as a reason, but the development came shortly after 鈥� an outspoken Trump critic 鈥� had infuriated the president, who has called for Kimmel’s firing.
鈥淎gain and again, the Administration has attacked ABC鈥檚 speech 鈥� the stories its journalists report and the viewpoints its network programs air,鈥� the network alleged in its lawsuit Tuesday. 鈥淥ver time, those attacks have escalated into express demands that ABC be stripped of its broadcast licenses because of its speech.”
鈥淔acing this existential threat,鈥� it added, 鈥淧laintiffs have no choice but to seek redress from the judicial branch for the Administration鈥檚 blatant retaliation for their First Amendment speech.鈥�
It said ABC had 鈥渘o alternative means to eliminate these ongoing and immediate threats other than total capitulation to the Administration鈥檚 demands.” It asked the court to 鈥渋mmediately enjoin Defendants from taking or threatening to take any action against Plaintiffs in relation to the early license renewal applications.鈥�
There are already clashes between ABC and the administration
The early license review is only one part of a long-simmering confrontation between ABC and the FCC.
The network has also been fighting Carr鈥檚 efforts to make whose hosts and guests are often critical of Trump, subject to equal-time rules. That’s a question ABC says the agency itself decided 鈥� in the network’s favor 鈥� more than two decades ago. ABC argues 鈥淭he View鈥� is a bona fide news program, meaning it鈥檚 exempt from equal time rules, which require granting equal airtime to competing candidates for office.
The ABC lawsuit Tuesday also spoke of broad ramifications that go well beyond one network.
鈥淭he consequences of the Administration鈥檚 campaign against free speech reach well beyond ABC,鈥� it said. 鈥淚f the Administration gets its way, the message to every media company in the country will be unmistakable: tell only the stories the Administration deems favorable, or face the coercive machinery of the federal government. In such a world, the press could in no way be described as free.鈥�
It added: 鈥淭he FCC Chairman has left little doubt that this is his goal.鈥�
The lawsuit also quoted Carr as saying, when Kimmel made comments that angered the administration, 鈥淲e can do this the easy way or the hard way. These companies can find ways . . . to take action . . . on Kimmel, or there is going to be additional work for the FCC ahead.鈥�
Carr, a longtime FCC commissioner, was named chairman by Trump in November 2025. He has indeed made it clear that he is considering revoking ABC’s licenses, or trying to, in what would surely be a drawn-out legal process.
Longtime free-speech attorney Floyd Abrams noted that tensions between the press and the commission are not new 鈥� but have never been this pronounced.
鈥淭here has long been a level of tension between the broadcast media, which seeks full First Amendment protection, and the FCC,鈥� Abrams wrote in an email to The Associated Press. 鈥淏ut not until the Trump Administration has the government so directly, so deliberately and so dangerously sought to limit the freedom of the broadcast press to cover and discuss the news.鈥�
The lone Democrat on the FCC praises the lawsuit
Anna Gomez, commended ABC and Disney for pushing back against the FCC鈥檚 actions.
鈥淔or months, the FCC has waged a campaign of censorship and control against Disney鈥檚 ABC stations,鈥� she said in a statement, 鈥渦sing the threat of broadcast license revocations to punish a company for speech this administration doesn鈥檛 like.鈥�
鈥淚 have long called on companies to push back against this kind of government intimidation, and I鈥檓 glad Disney has shown courage and stepped up,” she said. “This should be a welcome sign for every broadcaster who has felt the weight of this overreaching government pressure in silence.鈥�
In late July, Carr defended saying broadcasters have a duty to 鈥渙perate in the public interest.鈥� The FCC, he said, was merely trying to restore that standard. , Carr has also opened separate investigations into CBS 草莓传媒 and NBC 草莓传媒.
Broadcasters like ABC, Carr said in an interview on the Fox Business Network, 鈥渟truck a deal with the American people. You broadcasters get subsidized access, free access to a valuable public resource, the airwaves, worth billions of dollars. In exchange, you have to operate in the public interest.鈥�
鈥淟ook, as a country, we should have a trusted, respected news media, and we鈥檙e not there,鈥� Carr said. 鈥淪o I hope more broadcasters return to their public interest obligations.鈥�
On Tuesday, an FCC spokesperson reiterated that position.
鈥淎ll broadcasters have a legal obligation to operate in the public interest 鈥� even Disney,” said a statement from the commission, responding to the lawsuit.
“The FCC has been examining claims that Disney engaged in illegal DEI discrimination for over a year. Disney is obviously very concerned about the FCC鈥檚 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.鈥�
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Associated Press journalist Mike Catalini contributed to this report.
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