ABC on Tuesday sued the Federal Communications Commission, alleging that the commission’s early review of its broadcast licenses is unconstitutional under the First Amendment.
The TV giant, along with parent company Disney, accused the FCC of waging a “retaliatory campaign” against them because President Donald Trump’s administration disapproves of their programming.
The lawsuit, filed in federal district court in Washington, is a sharp escalation of a months-long feud between the FCC, run by Trump appointee Brendan Carr, and ABC. The clash kicked off when Carr criticized comments made by late-night host Jimmy Kimmel in the aftermath of Charlie Kirk’s killing. ABC briefly suspended Kimmel amid pressure from the FCC and broadcast station owners.
“When you see stuff like this, I mean we can do this the easy way or the hard way,” Carr told conservative podcast host Benny Johnson in September 2025. “These companies can find ways to change conduct and take action, frankly, on Kimmel, or, you know, there’s going to be additional work for the FCC ahead.”
Those comments drew rebuke from Democrats, press advocates and some in the Republican Party. Sen. Ted Cruz (R-Texas) called Carr’s threat “dangerous” and likened him to a film mafioso: “That’s right out of ‘Goodfellas.’ That’s right out of a mafioso coming into a bar. ‘God, nice bar you have here. It’d be a shame if something happened to it.’”
This battle is bigger than Kimmel. The FCC has investigated ABC and Disney, which is also a named plaintiff in the lawsuit, over its diversity practices and whether daytime talk show “The View” is mandated to follow the commission’s equal-time rule for interviewing candidates of both parties in an election. In June, ABC launched an on-air campaign urging viewers to send comments to the FCC about this issue.
In April, the FCC formally ordered an early review of the eight broadcast licenses owned by Disney — which include ABC stations in major cities like New York and Philadelphia — because of concerns about diversity policies. The order came days after first lady Melania Trump criticized Kimmel for one of his jokes, calling his words “corrosive.”
ABC’s lawsuit asks a federal judge to strike down the early review of its licenses on the grounds that it violates ABC’s rights under the First Amendment. The media company also filed a motion for a temporary restraining order that, if granted, would place an immediate pause on the FCC review.
“All broadcasters have a legal obligation to operate in the public interest — even Disney,” the FCC said in a statement. “The FCC has been examining claims that Disney engaged in illegal DEI discrimination for over a year. 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.”
Anna M. Gomez, the commission’s sole Democrat, criticized Carr in a statement Tuesday, saying he “waged a campaign of censorship and control against Disney’s ABC stations” because he opposes the company’s speech.
“It is time this administration understands that the Constitution does not bend to political convenience, and that the First Amendment protects the news and commentary Americans see on their screens even when those in power wish it didn’t,” she said.
The case was assigned to U.S. District Judge Loren AliKhan, who was appointed by President Joe Biden.
Press freedom groups applauded the lawsuit.
Bob Corn-Revere, chief counsel at the Foundation for Individual Rights and Expression, said that Carr has weaponized the commission to attack media outlets that Trump dislikes. “The day of reckoning for Brendan Carr is finally here,” Corn-Revere said. “In America, government officials cannot abuse their regulatory power to threaten the First Amendment.”
Seth Stern, chief of advocacy at the Freedom of the Press Foundation, said that Carr has served as “Trump’s censorship czar.”
“Carr knows the FCC is not the journalism police and said so regularly himself before he decided to throw away any integrity he once had to kiss up to Trump,” Stern said. “Countless others whose First Amendment rights have been chilled by Carr’s antics should follow Disney’s lead.”
ABC has not always been seen as fighting back against the Trump administration. When Trump sued the network over a George Stephanopoulos interview he found defamatory, the network agreed to pay $15 million to settle out of court. Stephanopoulos had incorrectly said during the interview that Trump was found civilly “liable for rape” in the case brought by writer E. Jean Carroll. A Manhattan jury in 2023 found that Trump sexually abused and defamed Carroll but stopped short of saying he committed rape, which she accused him of committing in the 1990s.
Some critics said that ABC too easily bowed to Trump. Similar criticism was aired when ABC suspended Kimmel — and when the comedian returned, he delivered a message about the importance of free speech.
“This show is not important: What is important is that we get to live in a country that allows us to have a show like this.”
The post ABC sues FCC, claiming First Amendment violations, escalating months-long feud appeared first on Washington Post.
