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Disney and ABC sue FCC alleging retaliatory license reviews and censorship

Disney and ABC filed a First Amendment lawsuit alleging the FCC and the Trump administration used license reviews to retaliate against the network's content.

By The Plain RecordUpdated August 18, 2026 at 11:05 AM EDT
Published August 18, 2026 at 10:51 AM EDT

The short answer

Disney and ABC filed a First Amendment lawsuit alleging the FCC and the Trump administration used license reviews to retaliate against the network's content. The Walt Disney Company and its subsidiary ABC filed a First Amendment lawsuit against the Federal Communications Commission (FCC) on Tuesday.

Updates (1)

  • Update — August 18, 2026 at 11:05 AM EDT: Lawsuit comes almost a year since ABC suspended its late-night host following Trump’s attacks over his remarks about conservative activist Charlie Kirk’s killing
Disney and ABC sue FCC alleging retaliatory license reviews and censorship

The Facts

Who
The Walt Disney Company, ABC, and the Federal Communications Commission (FCC)
What
Lawsuit against the FCC regarding broadcast license reviews and alleged censorship.
When
Tuesday, August 18, 2026
Where
U.S. District Court in Washington, D.C.
Why
Disney and ABC allege the FCC is conducting early license reviews as retaliation for political content and late-night programming critical of the administration.

Timeline of what happened

Key dates and decisions, in the order they occurred.

  1. February 2025

    FCC begins questioning 'The View' equal-time exemption

  2. September 17, 2025

    'Jimmy Kimmel Live!' begins five-day suspension following host's remarks

  3. July 16, 2026

    ABC moves presidential address to streaming service citing regulatory pressure

  4. August 18, 2026

    Disney and ABC file lawsuit in U.S. District Court

The Walt Disney Company and its subsidiary ABC filed a First Amendment lawsuit against the Federal Communications Commission (FCC) on Tuesday. The legal filing in U.S. District Court in Washington, D.C., alleges that the Trump administration used regulatory oversight to retaliate against the network for its editorial content and programming choices. The companies are seeking a temporary restraining order to halt ongoing license renewal proceedings.

The dispute follows several instances where President Donald Trump and FCC Chairman Brendan Carr publicly criticized ABC programming. Trump has repeatedly suggested ABC should lose its licenses, citing what he described as "corrupt" fact-checking during a 2024 presidential debate and biased coverage. The lawsuit also references a September 2025 incident in which "Jimmy Kimmel Live!" was suspended for five days after host Jimmy Kimmel commented on the killing of conservative activist Charlie Kirk, drawing warnings from Carr that the agency could "take action" against the network.

Disney and ABC argue the FCC is conducting irregular "early reviews" of broadcast licenses for eight ABC-owned stations, noting the agency has not required such reviews in over 50 years. These licenses are not scheduled for standard renewal until between 2028 and 2031. Additionally, the lawsuit challenges an FCC investigation into the company’s diversity, equity, and inclusion (DEI) initiatives and employment practices, which has involved requests for more than 13,000 pages of documents. Carr has stated these efforts are intended to ensure the company is not engaging in "illegal DEI discrimination" and is operating in the public interest.

The scale of the government oversight is reflected in the 600 information requests issued by the FCC and the eight specific station licenses being scrutinized years before their 2028-2031 expiration dates. ABC claims the pressure has already changed daily operations; for example, the network decided to move a July 16 address by the president to a streaming platform rather than airing it on the main broadcast network. If the FCC prevails, it establishes a precedent where the agency can initiate license reviews based on a broadcaster's content, potentially leading to similar investigations of other media outlets.

The lawsuit further seeks clarification on the status of "The View," which has historically been exempt from federal "equal time" rules that require stations to provide comparable airtime to opposing political candidates. ABC reports that no political candidates have appeared on the show since February, after the FCC began questioning this exemption. A ruling in Disney's favor would protect the current journalistic and entertainment exemptions used by various networks, while a ruling for the FCC could force daytime talk shows to change how they book guests or risk losing their broadcasting rights. A hearing date for the requested restraining order has not yet been reported.

Summaries are written by The Plain Record to state the facts of a story plainly and without political slant. See our editorial standards, or report a correction.

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Questions readers ask

What happened: Disney and ABC sue FCC alleging retaliatory license reviews and censorship?

The Walt Disney Company and its subsidiary ABC filed a First Amendment lawsuit against the Federal Communications Commission (FCC) on Tuesday. The legal filing in U.S. District Court in Washington, D.C., alleges that the Trump administration used regulatory oversight to retaliate against the network for its editorial content and programming choices.

Who is involved?

The Walt Disney Company, ABC, and the Federal Communications Commission (FCC)

When did this happen?

Tuesday, August 18, 2026

Where did this happen?

U.S. District Court in Washington, D.C.

Why does this matter?

Disney and ABC allege the FCC is conducting early license reviews as retaliation for political content and late-night programming critical of the administration.