The 45-page complaint filed Tuesday in Washington asks a federal court to halt the FCC’s early review of eight ABC station licenses. The FCC says it is enforcing public interest obligations and investigating DEI practices. The dispute now goes to a judge.
Disney and ABC sued the Federal Communications Commission on Tuesday, asking a federal court to stop the agency’s accelerated review of eight broadcast licenses.
The 45-page complaint, filed in US District Court for the District of Columbia, alleges First Amendment violations.
“Acting through the Federal Communications Commission, the Administration has waged a retaliatory campaign against ABC for a single reason: it disapproves of what ABC broadcasts,” it reads, adding that the campaign began in the administration’s earliest days and has intensified since.
What ABC is asking for
The company wants the proceedings stopped while the case is heard.
ABC filed for a temporary restraining order and a preliminary injunction that would bar the FCC from taking further action on the early renewal order, along with what the filing describes as associated threats of revocation.
Its motion frames the question narrowly: whether the administration can use federal regulatory power to punish a media organization over editorial decisions it dislikes.
The complaint cites a unanimous Supreme Court decision involving the National Rifle Association, which held that government may not use state power to punish or suppress disfavored expression.
What the FCC is doing
The eight stations are in six of the country’s largest markets and broadcast over public airwaves, which places them under FCC jurisdiction.
Their licenses were scheduled for renewal between 2028 and 2031. In April, Chairman Brendan Carr ordered an accelerated review, requiring the stations to demonstrate they have been operating in the public interest.
The FCC has tied that review to an investigation into Disney’s diversity, equity and inclusion practices, which the agency says has been running for over a year.
Carr told CNBC that the agency’s focus was on those DEI practices, and that the early renewal was not tied to First Amendment matters.
The FCC’s response to the suit
The agency did not signal any retreat.
“All broadcasters have a legal obligation to operate in the public interest, even Disney,” its statement said, noting the length of the DEI examination.
It went further, characterizing Disney’s public posture as a campaign of disinformation and describing the court filing as evidence of the company’s concern about the proceeding. The FCC said it would continue to follow the facts and law wherever they lead.
The timing both sides are arguing about
One sequence sits at the center of the disagreement, and the facts of it are not disputed.
The accelerated review order came shortly after President Trump publicly called for ABC late-night host Jimmy Kimmel to be fired over a joke about the First Lady. Disney briefly pulled Kimmel off the air in September 2025 following pressure from Carr.
ABC’s complaint cites Trump’s social media posts, including one saying late-night hosts are almost entirely negative toward him and asking whether broadcast licenses should be terminated.
The FCC’s position is that the DEI investigation predates all of that and proceeds on its own basis. Media law experts quoted by CBS News described the timing of the order as highly suspect.
ABC also says the pressure has already changed its output, telling the court it has chosen not to air certain clips because they could be counted as candidate appearances and cited against it.
The dissent inside the agency
The commission is not unanimous.
Commissioner Anna Gomez, the FCC’s only Democrat, issued a statement supporting the lawsuit, describing the agency’s actions as a campaign of censorship and control that uses the threat of license revocation to punish speech the administration dislikes. She said she was glad Disney had stepped up.
Why other companies are watching
ABC is taking a path most of its peers avoided.
Paramount, Meta, X, and Google all reached settlements to resolve lawsuits Trump filed against them. Trump has separately sued the Wall Street Journal, the New York Times, and the BBC over their reporting.
ABC was the first to settle, paying $16 million in December 2024 over a defamation claim involving remarks by anchor George Stephanopoulos.
Litigating rather than settling is a different calculation, and the outcome will shape what leverage a regulator has over a broadcaster’s editorial choices. That question now belongs to a judge.
Article compiled and edited by Derek Gibbs (entertainment editor) and the Clownfish TV newsroom.
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Hat Tips:
CBS News (August 18, 2026), verified for the Tuesday filing by Disney, ABC and their stations, the 45-page complaint, the 2028 to 2031 original renewal schedule, the April accelerated review tied to the DEI investigation, and experts describing the timing as highly suspect
CNN (August 18, 2026), verified for the temporary restraining order and preliminary injunction requests, the eight station licenses and public airwaves jurisdiction, the View investigation, and ABC’s statement that it has declined to air certain clips over candidate appearance concerns
CNBC (August 18, 2026), verified for the FCC’s full response including the public interest obligation and disinformation characterization, Carr’s statement to CNBC that the focus was DEI rather than First Amendment matters, and the April launch of the license review
NPR (August 18, 2026), verified for the National Rifle Association Supreme Court citation, the eight stations covering six of the largest markets, the settlements reached by Paramount, Meta, X and Google, Trump’s separate suits against the Wall Street Journal, New York Times and BBC, and ABC’s $16 million December 2024 settlement
NBC News and TV Technology (August 18, 2026), verified for the complaint citing Trump’s social media posts about late-night hosts and license termination, the September 2025 Kimmel suspension following pressure from Carr, and Commissioner Anna Gomez’s supporting statement