Disney-owned ABC files First Amendment lawsuit against FCC

Disney’s ABC has filed a First Amendment lawsuit against the Federal Communications Commission, calling the government agency’s recent investigation into the company a “retaliatory campaign” due to the nature of its programming, which has been critical of President Donald Trump.

The broadcast network filed the lawsuit on Tuesday in U.S. District Court for the District of Columbia.

It comes months after the FCC launched an early renewal of a set of ABC’s broadcast station licenses, citing concerns around the company’s diversity, equity and inclusion efforts.

However, that early review process came shortly after renewed political backlash against ABC following comments made by TV host Jimmy Kimmel on his late-night show, which airs on the broadcast network. ABC has also faced criticism from the government around its daytime talk show, “The View.”

ABC’s lawsuit calls for the FCC to halt its early broadcast renewal proceedings.

An FCC spokesperson said in a statement Tuesday the government entity was working in the public interest.

“Disney is obviously very concerned about the FCC’s proceeding, as evidenced by their ongoing campaign of disinformation as well as their decision to ask a court to stop the FCC from further pursuing matters. The FCC will continue to follow the facts and law wherever they lead,” the statement said.

The agency launched its review of ABC licenses in April, years ahead of their scheduled expiration. ABC shot back in May, saying in filings that it was submitting the applications “under protest in response to an unlawful, arbitrary, and unconstitutional order” from the FCC.

FCC Chairman Brendan Carr told CNBC at the time that the agency’s focus was on Disney’s DEI practices and that the early license renewal was not tied to First Amendment matters.

Carr was appointed by Trump to lead the federal entity meant to regulate the media and telecommunications industry. It began its investigation into Disney’s stations last year for possible violations of the Communications Act of 1934 and the FCC’s rules regarding its prohibition on unlawful discrimination.

On Tuesday, ABC said it “continues to face irreparable harm” from the administration, which “has been acting” through the FCC.

Last week, Disney CEO Josh D’Amaro doubled down on the company’s position in a CNBC interview.

“I think you saw in our FCC filings our position on this is clear,” D’Amaro told CNBC’s Julia Boorstin at the time. “We’re very principled on this. We’re going to stand up to what we believe is journalistic and integrity, and we’re not going to be told how to run that side of our business.”

D’Amaro took over as CEO in March from longtime Disney chief Bob Iger.

Last week, Iger agreed to purchase a majority stake in the NBA’s Los Angeles Lakers alongside Joshua Kushner, founder of Thrive Capital and brother of Jared Kushner, who is married to Trump’s daughter Ivanka.

FCC Commissioner Anna Gomez — the sole Democrat on the commission and who has opposed its actions against ABC thus far — issued a statement on Tuesday in support of ABC’s move to sue the FCC.

“For months, the FCC has waged a campaign of censorship and control against Disney’s ABC stations, using the threat of broadcast license revocations to punish a company for speech this administration doesn’t like,” Gomez said. “I have long called on companies to push back against this kind of government intimidation, and I’m glad Disney has shown courage and stepped up. This should be a welcome sign for every broadcaster who has felt the weight of this overreaching government pressure in silence.”