Disney Takes FCC to Court, Seeks Restraining Order Over Trump Admin ‘Retaliation’

The Walt Disney Company and its subsidiary ABC filed a federal First Amendment lawsuit in Washington, D.C., against the Federal Communications Commission, accusing the agency of carrying out an illegal and politically motivated campaign against the network. Disney alleges that the FCC has used its regulatory authority to punish ABC over programming opposed by the Trump administration.

Disney is asking the federal court for a temporary restraining order and preliminary injunction intended to prevent the FCC from moving forward with its accelerated review of broadcast licenses held by eight ABC-owned television stations. Those stations ordinarily would not have entered the federal license-renewal process until 2028 at the earliest, according to the company.

At the center of Disney’s constitutional argument is its allegation that the government has targeted ABC because of content broadcast by the network and editorial decisions protected by the First Amendment. In its complaint, Disney characterizes the government’s actions as a «retaliatory campaign» and argues that federal regulatory authority cannot legally be used to punish protected speech.

The confrontation escalated when the FCC required Disney and ABC to seek early renewal of licenses covering all eight ABC-owned television stations, years before their regular renewal dates. Broadcast television licenses generally operate on established multiyear cycles, making the decision to accelerate the process a central element of Disney’s challenge against the federal agency.

The FCC maintains that its authority allows the agency to request early renewals when necessary to conduct regulatory investigations. Disney disputes the circumstances surrounding that decision, arguing that the accelerated process places its stations under immediate federal scrutiny while potentially exposing the company to lengthy proceedings and uncertainty over licenses essential to operating its television stations.

The regulatory conflict also involves an FCC investigation into Disney’s diversity, equity and inclusion practices. The commission has examined whether the company’s employment policies comply with federal equal-employment requirements. Disney’s lawsuit presents that investigation as part of a broader series of regulatory actions that intensified while the Trump administration publicly criticized ABC and programming carried by the network.

Another regulatory dispute has involved The View and its treatment under federal equal-time rules governing political candidates. The FCC has questioned whether the daytime program qualifies for the bona fide news exemption traditionally applied in this area. Disney argues that such scrutiny could interfere with ABC’s ability to make independent editorial decisions involving political guests and programming.

Tensions escalated further in April after Jimmy Kimmel aired a monologue involving Melania Trump that prompted an angry public response from Trump. In a lengthy Truth Social post criticizing the late-night host, Trump directly called on Disney and ABC to remove Kimmel from television, writing: «Jimmy Kimmel should be immediately fired by Disney and ABC.»

Disney argues that the regulatory actions involving ABC cannot be separated from repeated criticism directed at the network by Trump and his administration. The confrontation also follows previous tensions between Trump and ABC News, including the network’s multimillion-dollar settlement of a separate defamation lawsuit brought by Trump involving comments made by anchor George Stephanopoulos.

The confrontation has also exposed divisions within the FCC. Democratic Commissioner Anna Gomez has publicly criticized the agency’s actions and supported Disney’s decision to challenge them in federal court. Gomez described the government’s approach as a «sustained, coordinated campaign of censorship» and an «egregious assault on the First Amendment», placing her directly at odds with the commission’s leadership.

FCC Chairman Brendan Carr has defended the commission’s authority to scrutinize companies holding federal broadcast licenses, while the agency maintains that broadcasters must comply with federal law and serve the public interest. Disney argues the implications extend throughout the media industry, leaving the courts to determine whether the FCC exercised legitimate oversight or unconstitutional retaliation against protected speech.