ABC Sues FCC Alleging License Renewal Abuse To Force Program Changes

NEWS & RESEARCH

The Federal Communications Commission, led by chairman Brendan Carr, has accelerated the license renewal process for eight local ABC stations following a joke made by late-night host Jimmy Kimmel about Melania Trump. Both President Trump and the First Lady demanded Kimmel resign. The FCC links its license renewal move to an ongoing investigation into the diversity, equity, and inclusion practices of ABC parent company Disney but critics charge the action is a "political stunt" and regulatory retribution intended to intimidate the broadcaster. The FCC is also investigating ABC’s daytime talk show, “The View,” for violating equal time rules for political candidates. ABC argues that “The View” is a news program and equal time rules don’t apply. On August 17, 2026, ABC sued the FCC, alleging that the commission’s early review of its broadcast licenses violates the First Amendment. The network and its parent company Disney, accused the FCC of waging a “retaliatory campaign” against them because the administration disapproves of ABC programming.

SOURCES: The Guardian | AXIOS | New York Times | TVTech | Washington Post

ANALYSIS & OPINION

PEN America called the FCC’s accelerated license review of eight ABC stations an act of "blatant intimidation." While the agency officially attributed the early review to an investigation into Disney’s DEI policies, the move occurred only one day after the President called for the termination of late-night host Jimmy Kimmel following a joke about the First Lady. This sequence of events indicates a retaliatory abuse of federal regulatory power in order to silence critics, urging Disney to stand firm against what the organization characterizes as a fundamental violation of First Amendment rights. Indeed, after an initial period of corporate appeasement and multi-million dollar settlements, ABC is utilizing "The View" as a legal battleground to challenge the Trump administration's influence over the media, filing a 52-page petition against Carr’s attempts to narrow the "equal-time" exemption for news programming—a move critics argue selectively targets shows featuring the President's detractors. The New York Times noted that “Conservative used to oppose meddling in boradcast television.”

SOURCES: PEN America | Society of Professional Journalists | Salon | New York Times

HOW TO FIX IT

Federal Action:

• Urge passage of the No Political Enemies Act, HR 7060, a bill stating that no Federal employee, including the President and the Vice President, may violate the constitutional free speech of any person or group of people.”

• Conduct hearings on FCC overreach in threatening licenses against political foes.

• Support removal of Brendan Carr as FCC chairman.

Litigation: Support the lawsuit filed by ABC and its parent company Disney asserting that the FCC’s licensing challenge is unconstitutional, based on content to which the administration objects,

Legislation: H.R.7060 - No Political Enemies Act