ABC and Disney sue FCC over broadcast license reviews
Rule ChangesDisney asks a court to stop an early license review it calls retaliation for Jimmy Kimmel and other Trump-critical programming
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Overview
Updated YesterdayA federal agency can pull the license a TV station needs to broadcast. On August 18, 2026, ABC, its parent Walt Disney, and eight ABC-owned stations sued the Federal Communications Commission (FCC) to stop it from using that power against them.
The FCC, which regulates broadcasting, opened an early review of those eight licenses in April, roughly two years before the first one expires. Disney says the review is punishment for jokes by late-night host Jimmy Kimmel and other coverage the president dislikes. It asked a court to freeze the proceedings, which it calls an 'existential threat.'
Why it matters
If a regulator can threaten a broadcaster's licenses over programming a president dislikes, the license becomes a lever to control what airs.
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People Involved
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The federal agency that licenses and regulates U.S. broadcasters.
Disney owns the ABC broadcast network and the eight stations under FCC review.
Timeline
September 2025 August 2026
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ABC and Disney sue the FCC
Latest LegalABC, Disney, and the eight stations sue in federal court in Washington, alleging First Amendment retaliation and asking a judge to halt the review.
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ABC calls review 'retaliation campaign'
RegulatoryABC asks the FCC to dismiss the review as 'untimely and unwarranted,' framing it as retaliation for protected speech.
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Disney files 'under protest'
RegulatoryDisney submits the early renewal applications while calling the order unlawful and unconstitutional. Carr vows to 'follow the facts.'
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FCC orders early license review
RegulatoryCarr demands early renewal review of ABC's eight owned stations, citing Disney's diversity practices. The first license was not due to expire until 2028.
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Kimmel returns to air
CorporateABC resumes production of the show. Affiliates that had preempted it soon stop doing so.
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ABC suspends Kimmel after FCC pressure
CorporateCarr says broadcasters can act 'the easy way or the hard way.' ABC pulls the show as two large station groups threaten to drop it.
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Kimmel monologue sparks backlash
StatementDays after Charlie Kirk's killing, Kimmel accuses 'the MAGA gang' of distancing itself from the suspect. The White House and FCC react.
Historical Context
3 moments from history that rhyme with this story — and how they unfolded.
Red Lion Broadcasting Co. v. FCC (1969)
The Supreme Court unanimously upheld the FCC's fairness doctrine, ruling that because the airwaves are a scarce public resource, the government may impose public-interest obligations on broadcasters that would be unconstitutional for print.
The ruling affirmed the FCC's authority to regulate broadcast content in the 'public interest.'
The fairness doctrine was later abandoned in 1987, but the 'public interest' standard still governs license reviews today.
It is the legal foundation Carr invokes when he says broadcasters must serve 'the public interest,' and the standard Disney must fight within.
Nixon allies challenge Washington Post TV licenses (1972-1973)
During Watergate, associates of President Nixon filed challenges to the licenses of two Florida television stations owned by The Washington Post Company. Post editors saw it as payback for the paper's reporting. Nixon was recorded saying the Post would have 'damnable, damnable problems' with its licenses.
The stations' stock price fell sharply as the challenges hung over them. The Post kept publishing its Watergate coverage.
The FCC ultimately renewed the licenses after Nixon's fall. The episode became a textbook case of using broadcast regulation to pressure the press.
It is the clearest precedent for a president's allies using station licenses as leverage against critical coverage, the exact claim in Disney's suit.
Paramount settles Trump's '60 Minutes' suit (2025)
Paramount, then seeking FCC approval for its Skydance merger, paid about $16 million to settle a lawsuit Trump brought over a CBS '60 Minutes' interview edit. Critics called it a payment to clear a regulatory path.
The FCC approved the merger weeks later. Several CBS journalists and executives departed.
The deal became a reference point for how regulatory approval and presidential grievances can intertwine at a broadcaster.
It shows the settlement path Disney could take, and why press-freedom advocates fear regulatory pressure shaping newsroom decisions.
