Disney, ABC Take FCC Fight Over Free Speech to Court

A federal court in Washington, D.C., began hearing arguments Tuesday in a closely watched legal battle pitting the Walt Disney Co. and its ABC network against the Federal Communications Commission, a case that tests how far First Amendment protections extend to broadcasters under the Trump administration. According to NPR, the dispute centers on whether the FCC, under Chairman Brendan Carr, can accelerate its review of ABC’s eight company-owned broadcast station licenses a move the network calls retaliation for coverage the president dislikes.

Disney and ABC are seeking an order from U.S. District Judge Loren L. AliKhan to prevent the FCC from speeding up the typical review process. No ruling had been issued as of the hearing.

How the Dispute Arose

ABC and Disney sued the FCC in federal court on August 18, 2026, alleging First Amendment violations and a retaliatory campaign. The suit opens with a blunt line: “Government censorship is deeply un-American,” as NPR reported.

The network argues that the administration has targeted ABC because it disapproves of what ABC broadcasts citing its news coverage, its daytime talk show The View, and late-night host Jimmy Kimmel, who has frequently mocked President Trump. In the suit, Disney contends that the FCC is seeking to coerce and retaliate against a network that refuses to bow to the administration’s demands, calling it an extraordinary assault on free speech.

The immediate flashpoint is a decision by the FCC in April 2026 to force early renewal review of all eight ABC-owned stations, years ahead of schedule. The renewals were not due before October 2028 at the earliest. As NPR noted, the FCC had not ordered an early review in more than 50 years before this spring.

The order followed a joke Kimmel made about first lady Melania Trump, who called the remark hateful and violent and urged ABC to act. President Trump then posted on social media calling for Kimmel to be fired. Six of the eight affected ABC stations are in major U.S. markets, and they contribute significantly to the network’s bottom line.

A Legal Test With High Stakes

Technically, networks do not require federal licenses to operate; individual stations do, because they use publicly owned airwaves. Those licenses are perennially reviewed on a staggered basis and are typically renewed without fanfare under a public interest standard.

The FCC has asked the court to dismiss the suit, arguing that a district court ruling in Disney’s favor would hobble its investigation into serious allegations that Disney has engaged in unlawful discrimination tied to its diversity, equity and inclusion policies. The commission also contends the case belongs before a federal appeals court rather than the district court, according to NBC News. The FCC says it has not decided whether to pull or renew the licenses only that it has sped up the review, and it has agreed to provide at least 48 hours’ notice before referring the licenses for a public hearing.

A key question at Tuesday’s hearing is whether ABC and Disney even have standing to sue, since the FCC has not yet taken final action.

Carr has rejected the suggestion that the review is tied to content. “Disney seems a little jumpy right now,” he told NPR. “Ultimately, they’re going to get a fair shake before the agency.” He has said he is ensuring broadcasters operate in the public interest and do not violate the president’s executive order on DEI.

Bipartisan Pushback

Criticism of the FCC’s approach has crossed party lines. Mark Fowler, a Republican former FCC chair under Ronald Reagan, filed a statement supporting ABC’s suit. “There’s not even a question as to what Carr is doing. What Carr is doing is unconstitutional,” Fowler said. “The First Amendment is very plain in its wording and its meaning.”

FCC Commissioner Anna Gomez, the agency’s lone Democrat, said the network’s decision to fight back mattered beyond ABC. “Disney has found its courage, and it is pushing back,” Gomez told NPR. “And this is good. It’s good for the First Amendment. It’s good for the public, and it’s good for broadcasters in general.” She added that protecting the First Amendment is not a partisan issue, pointing to Republican senators who have also raised concerns.

Bruce Brown, president of the Reporters Committee for Freedom of the Press, framed the case as part of a broader pattern. “The overreaching by the FCC is one of the greatest threats right now that’s facing journalism,” he said, describing a wide effort by the Trump administration to intimidate the press and to try to coerce out of news organizations the type of coverage the president wants to see.

Not everyone agrees. Conservative groups, including the fundraising committees for Republican Senate and House candidates, filed briefs backing the FCC. “By any commonsense standard, evidence of broadcaster intent to advance the candidacies of Democratic Party figures on The View is not merely present, but overwhelming,” the committees wrote in one filing.

Disney’s Calculated Stand

Disney CEO Josh D’Amaro, who took over from Bob Iger in March 2026, has framed the fight as a matter of principle. “We’re very principled on this,” D’Amaro told CNBC in August. “We’re going to stand up to what we believe is journalistic integrity, and we’re not going to be told how to run that side of our business.”

The aggressive posture marks a turn for a company that had earlier settled with the president. ABC paid $16 million in December 2024, including legal fees, to resolve a defamation suit Trump filed as a private citizen over remarks by anchor George Stephanopoulos. Other major media and technology companies including CBS’ parent Paramount, Meta, X and Google struck similar settlements.

What to Watch

The case is viewed by media advocates and FCC veterans as unprecedented: challenging all of a network’s local licenses at once could badly damage ABC’s finances if it succeeds. The hearing’s outcome on the threshold question of standing could determine whether the broader constitutional fight proceeds now or is deferred.

Beyond the immediate ruling, observers are watching whether the FCC ultimately moves to revoke or decline renewal of ABC’s licenses, how similar actions against other networks unfold, and whether the dispute eventually reaches the U.S. Supreme Court.