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ABC and Disney sue FCC over broadcast license reviews

ABC and Disney sue FCC over broadcast license reviews

Rule Changes

Disney asks a court to stop an early license review it calls retaliation for Jimmy Kimmel and other Trump-critical programming

August 19th, 2026: Judge sets deadline for hearing schedule

Overview

Updated Aug 19

A federal agency can pull the license a TV station needs to broadcast. On August 18, 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.

Disney says the FCC's early license review is punishment for jokes by late-night host Jimmy Kimmel and other coverage President Trump dislikes. FCC Chairman Brendan Carr calls the suit 'meritless' and says the agency has not decided on the renewals. A federal judge in Washington has ordered both sides to propose hearing dates by August 20.

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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Key Indicators

8
ABC stations under review
The FCC ordered early renewal review of all eight ABC-owned stations, from New York to Fresno.
2028
Year first license actually expires
The earliest of the eight licenses was not due to expire until 2028, making the review unusually early.
2002
Year FCC exempted 'The View'
The FCC ruled in 2002 that 'The View' is a news program exempt from equal-time rules, a decision Carr is revisiting.
$15M
Prior Disney-Trump settlement
In December 2024, ABC settled a defamation suit from Trump for $15 million toward his presidential foundation.

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People Involved

Brendan Carr
Brendan Carr
Chairman, Federal Communications Commission
Calling Disney's lawsuit 'meritless' while the license review continues
 Anna Gomez
Anna Gomez
FCC Commissioner (Democrat)
Named as an official-capacity defendant in the suit while publicly backing it
 Jimmy Kimmel
Jimmy Kimmel
Host, 'Jimmy Kimmel Live!' on ABC
Back on air; his monologue is at the center of the dispute

Organizations Involved

Federal Communications Commission (FCC)
Federal Communications Commission (FCC)
Federal agency
Defendant; calls Disney's lawsuit meritless and says the review continues

The federal agency that licenses and regulates U.S. broadcasters.
Walt Disney Company / ABC
Walt Disney Company / ABC
Media Company
Plaintiff; seeking to halt the review

Disney owns the ABC broadcast network and the eight stations under FCC review.

Timeline

September 2025 August 2026

9 events Latest: August 19th, 2026 · 1 month ago
Tap a bar to jump to that date

  1. Judge sets deadline for hearing schedule

    Latest Legal

    U.S. District Judge Loren AliKhan, assigned the case in Washington, D.C., ordered Disney and the FCC to jointly propose hearing dates and a briefing schedule by August 20.

  2. ABC and Disney sue the FCC

    Legal

    ABC, Disney, and the eight stations sue in federal court in Washington, alleging First Amendment retaliation and asking a judge to halt the review.

  3. Carr calls Disney's lawsuit 'meritless'

    Statement

    FCC Chairman Brendan Carr told NBC News the agency hasn't decided on the license renewals and called Disney's suit meritless. An FCC spokesperson accused Disney of an 'ongoing campaign of disinformation.'

  4. ABC calls review 'retaliation campaign'

    Regulatory

    ABC asks the FCC to dismiss the review as 'untimely and unwarranted,' framing it as retaliation for protected speech.

  5. Disney files 'under protest'

    Regulatory

    Disney submits the early renewal applications while calling the order unlawful and unconstitutional. Carr vows to 'follow the facts.'

  6. FCC orders early license review

    Regulatory

    Carr 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.

  7. Kimmel returns to air

    Corporate

    ABC resumes production of the show. Affiliates that had preempted it soon stop doing so.

  8. ABC suspends Kimmel after FCC pressure

    Corporate

    Carr says broadcasters can act 'the easy way or the hard way.' ABC pulls the show as two large station groups threaten to drop it.

  9. Kimmel monologue sparks backlash

    Statement

    Days after Charlie Kirk's killing, Kimmel accuses 'the MAGA gang' of distancing itself from the suspect. The White House and FCC react.

Scenarios

1

Judge freezes the FCC review

Possible Resolves by End of 2026

Discussed by: NPR, Washington Post, former FCC officials cited by Variety

The U.S. District Court for the District of Columbia grants Disney's request and orders the FCC to pause the early renewal proceedings while the case is heard. That would blunt the agency's leverage and force the constitutional question into open court. Disney's First Amendment claim and the unusual timing of the review are its strongest cards.

2

Disney and FCC settle, suit dropped

Possible Resolves by Q2 2027

Discussed by: CNBC, media analysts drawing on the 2025 Paramount settlement

As Paramount did over a Trump lawsuit in 2025, Disney negotiates a resolution with the administration and withdraws its suit. A settlement could involve concessions on programming, DEI policy, or a payment, letting both sides avoid a precedent-setting ruling. Disney's history of settling with Trump makes this a live option.

3

FCC renews the licenses, review ends

Uncertain Resolves by End of 2027

Discussed by: FCC Chairman Brendan Carr, who says the agency will 'follow the facts'

The FCC completes its review, finds no basis to deny renewal, and grants the eight licenses. Carr has said the process is about responsiveness to the DEI probe, not speech. A clean renewal would let the agency claim vindication and moot much of the lawsuit.

4

FCC moves to deny or revoke a license

Unlikely Resolves by End of 2027

Discussed by: FCC Commissioner Anna Gomez, who warns of revocation threats

The FCC escalates and formally moves to deny renewal of, or revoke, at least one ABC station license. That would be an extraordinary step against a major network and would almost certainly trigger years of appeals. Gomez has warned the agency is using this threat as leverage.

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

1972-1973

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.

Then

The stations' stock price fell sharply as the challenges hung over them. The Post kept publishing its Watergate coverage.

Now

The FCC ultimately renewed the licenses after Nixon's fall. The episode became a textbook case of using broadcast regulation to pressure the press.

Why this matters now

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.

July 2025

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.

Then

The FCC approved the merger weeks later. Several CBS journalists and executives departed.

Now

The deal became a reference point for how regulatory approval and presidential grievances can intertwine at a broadcaster.

Why this matters now

It shows the settlement path Disney could take, and why press-freedom advocates fear regulatory pressure shaping newsroom decisions.

June 1969

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.

Then

The ruling affirmed the FCC's authority to regulate broadcast content in the 'public interest.'

Now

The fairness doctrine was later abandoned in 1987, but the 'public interest' standard still governs license reviews today.

Why this matters now

It is the legal foundation Carr invokes when he says broadcasters must serve 'the public interest,' and the standard Disney must fight within.

Sources

(13)
+7
NPR The Washington Post NBC News CNBC Deadline Variety TheWrap Mediaite Federal Communications Commission CNBC Deadline CNBC CNBC