ABC filed a First Amendment lawsuit against the Federal Communications Commission (FCC) on Tuesday, claiming that its investigations and regulatory actions are part of a Trump administration retaliatory campaign
to curb the network’s free speech. The lawsuit challenges the FCC’s demand for early license renewals and alleges political coercion.
The lawsuit, filed in federal court in Washington, D.C., also seeks to halt a proceeding in which the agency and its chairman, Brendan Carr, demanded that it put its eight stations up for early license renewal. That followed Donald Trump’s attacks on the network, including its late night host, Jimmy Kimmel. The network’s legal team described the FCC’s actions as a “charade,” arguing that the agency’s investigations into The Walt Disney Co.’s diversity, equity and inclusion policies are a pretext for political retaliation.
A Retaliatory Campaign Against Free Speech
The lawsuit explicitly ties the FCC’s scrutiny to Trump’s public criticisms of ABC, particularly targeting late-night host Jimmy Kimmel. After Kimmel made a joke tied to the investigation into the assassination of Charlie Kirk, FCC Chairman Brendan Carr warned ABC on a podcast that we can do this the easy way or the hard way,
adding that companies could take action or there is going to be additional work for the FCC ahead.
This warning came after two major station groups with network affiliates said that they would not air the show, and ABC pulled Kimmel from the air for several days before restoring him to the air.
Carr’s comments, along with Trump’s broader attacks on ABC, are cited in the lawsuit as evidence of a retaliatory campaign.
The filing states, 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.
The network also points to Trump’s repeated demands for ABC to lose its licenses, including its complaints over the way that ABC News moderated the 2024 presidential debate, during an attack on a news reporter who asked about releasing the Jeffrey Epstein files, and in a Truth Social post in which the president complained about late-night shows being “100% negative” to him.
FCC’s Early License Renewal Demands
A key focus of the lawsuit is the FCC’s push for ABC to put its eight stations up for early license renewal. In ordering the early renewal of broadcast licenses, the agency and Carr cited an ongoing investigation of The Walt Disney Co.’s diversity, equity and inclusion policies. The network called the investigation “pretextual,” arguing that it has cooperated but that “simply begat increasingly aggressive demands.” At one extreme, the Commission may intentionally prolong the adjudicative process, miring ABC in years of costly litigation,
the lawsuit states. In either scenario, the Administration accomplishes its goal of eliminating a perceived media critic.
ABC also cited more recent comments from Carr, including that the network’s decision not to air a primetime address from Trump last month would be part of the review of the broadcast licenses. The network’s legal team emphasized that it has cooperated but claims the investigation has simply begat increasingly aggressive demands.
An FCC spokesperson did not immediately return a request for comment.
Legal Strategy and Broader Implications
ABC’s lead attorney on the complaint is Beth Wilkinson, who is also representing Paramount in its defense against an antitrust lawsuit brought by state attorneys general challenging its proposed merger with Warner Bros. Discovery, is seeking a temporary restraining order and preliminary injunction to halt further action on the early license renewals. The lawsuit names the FCC, Carr and its two commissioners, Olivia Trusty and Anna Gomez, with the inclusion of Gomez, the sole Democrat, appearing to be for litigation reasons, as the complaint also cites her criticisms of the Republican-controlled agency as waging a sustained, coordinated campaign of censorship and control.
The case raises significant questions about the FCC’s role in regulating media and the potential for political influence over broadcast licenses. ABC’s filing highlights a broader tension between regulatory oversight and free speech protections, with the network arguing that the FCC’s actions risk chilling journalistic independence. The outcome could set a precedent for how federal agencies interact with media outlets accused of political bias.
The legal battle is unfolding amid ongoing public comment proceedings on whether to renew the stations licenses, with Bloomberg reporting that the FCC may issue a hearing designation order this month, a regulatory move that would kick off an agency adjudication process to determine the fate of the licenses. The network’s legal team warned that any adjudication would be “a charade.”
