Tag: 1st amendment

The broadcast network ABC, parent company Disney, and eight ABC affiliates filed a lawsuit today against the Federal Communications Commission (FCC) in the U.S. District Court for the District of Columbia.

ABC alleges the government is targeting the network for its speech, and it makes a convincing argument.

“Government censorship is deeply un-American,” the lawsuit begins. “That fundamental principle predates the Republic, with our Founders recognizing that ‘the freedom of the press is one of the great[est] bulwarks of liberty.'”

The filing cites NRA v. Vullo, a 2024 case in which the U.S. Supreme Court unanimously rejected the state of New York’s efforts to prevent banks and insurance companies from doing business with the National Rifle Association.

The government, wrote Justice Sonia Sotomayor, cannot “use the power of the State to punish or suppress disfavored expression.” According to ABC’s lawsuit, “This case concerns the Administration’s sustained effort to do just that. 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.”

Plaintiffs typically face a difficult task proving selective or vindictive treatment by the government. But this is not a typical situation: The lawsuit catalogues dozens of times that President Donald Trump suggested broadcast networks, including ABC, should be taken off the air for displeasing him.

“ABC & NBC FAKE NEWS, two of the worst and most biased networks in history, give me 97% BAD STORIES,” he wrote last year in a characteristic Truth Social post. “IF THAT IS THE CASE, THEY ARE SIMPLY AN ARM OF THE DEMOCRAT PARTY AND SHOULD, ACCORDING TO MANY, HAVE THEIR LICENSES REVOKED BY THE FCC.”

“If Network NEWSCASTS, and their Late Night Shows, are almost 100% Negative to President Donald J. Trump, MAGA, and the Republican Party,” he complained in another, “shouldn’t their very valuable Broadcast Licenses be terminated? I say, YES!”

Trump has said this for years, even though it’s not how it works: Networks create content, but the local affiliates that air it have broadcast licenses. Disney only owns eight of ABC’s hundreds of affiliates, meaning the vast majority are owned by third parties.

Just last month, Trump threatened to revoke ABC’s and NBC’s broadcast licenses for not airing one of his speeches.

But Trump is not the only example cited in the lawsuit. FCC Chairman Brendan Carr has also repeatedly threatened Disney and ABC with reprisal over what largely amounts to hurting the president’s feelings.

In September 2025, when Jimmy Kimmel suggested in his late-night show’s monologue that slain conservative activist was killed by a member of “the MAGA gang,” FCC Chair Brendan Carr called on ABC’s affiliates to “step up” and reject the network’s programming; otherwise, “we can do this the easy way or the hard way,” he warned. “These companies can find ways to change conduct and take action, frankly, on Kimmel, or there’s going to be additional work for the FCC ahead.”

Numerous affiliates preempted Kimmel’s show, and ABC suspended production until the following week.

This year, Carr threatened ABC’s daytime chat show The View for not following the federal “equal time” rule that says when a candidate for public office appears on a broadcast network, their opponents must be offered equal time. The FCC had exempted shows like The View from the rule for decades before Carr reversed course.

Carr also opened an investigation into Disney’s diversity, equity, and inclusion (DEI) policies; while Disney had already rolled back its DEI programs, “significant concerns remain,” Carr claimed.

ABC’s lawsuit calls the investigation “pretextual.” Indeed, it formed the basis of an action earlier this year, when the FCC called in the broadcast licenses of all eight Disney-owned ABC affiliates for “early renewal,” years before any of them were set to expire. Notably, though, it came just days after Kimmel made another intemperate comment at Trump’s expense.

“Jimmy Kimmel should be immediately fired by Disney and ABC,” Trump wrote on Truth Social the day before the FCC announced it was calling in the licenses.

ABC’s lawsuit seeks relief from the review, which it characterizes as completely unprecedented. The FCC “had not called for a renewal application ahead of schedule in more than half a century,” the filing claims. “Nor had it ever demanded simultaneous early renewal applications from a group of stations commonly owned by a single broadcast network.”

Carr apparently agrees: “It’s probably been 50, 60 years or longer since the FCC has used this tool,” he told the Financial Times. “If you didn’t take us seriously, now you should.”

And last month, Carr suggested that ABC’s decision not to air Trump’s speech would factor into the FCC’s review.

ABC’s lawsuit says the network faces “irreparable harm” from the government, but it also suggests dire potential consequences for the entire broadcast industry. “If the Administration gets its way, the message to every media company will be unmistakable: tell only the stories the Administration deems favorable, or face the coercive machinery of the federal government,” it warns. “In such a world, the press could in no way be described as free.”

“The current FCC has repeatedly used its power over broadcast speech to jawbone, punish, and threaten censorship of its political opponents,” David Inserra, a fellow for free speech and technology at the Cato Institute, said in an emailed statement. “Today’s lawsuit by ABC Disney against the FCC directly challenges the broad and abusive powers that Congress and prior court decisions gave the FCC. No government agency should ever be empowered to restrict free expression based on what it thinks is fair, equal, or in the best interest of the public. In a world where the American people and press can speak through print, broadcast, cable, satellite, internet, and other forms of media, there is no justification for the FCC to continue to wield such significant power over broadcast speech.”

“Disney is entirely justified in asking a court to stop the FCC’s attempt to coerce its broadcast stations’ programming through an unlawful campaign of regulatory scrutiny,” added Katie Fallow, deputy litigation director at the Knight First Amendment Institute at Columbia University. “The lawsuit makes clear that this campaign has already chilled ABC’s speech. The First Amendment prohibits the government from using regulatory threats to chill speech that the government doesn’t like, which is exactly what the FCC is doing here.”

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