As part of an ongoing spat between Disney and the Federal Communications Commission (FCC), newly installed CEO Josh D’Amaro escalated the conflict by having the media company file a First Amendment lawsuit in federal court on August 18, 2026. Disney alleges FCC Chairman Brendan Carr is waging a retaliatory campaign for ABC programming and editorial decisions the Trump administration disliked, including Jimmy Kimmel’s on-air commentary about First Lady Melania Trump.
At stake are the broadcast licenses of the ABC stations, which the suit alleges the FCC subjected to an unusually early license review because of a public-pressure campaign by President Trump. It also accuses the president of making repeated public threats that suggest stations that refer negatively to him and to the Trump Administration should have their broadcast licenses revoked.
The single count of Retaliation for Protected Expression claims the FCC violated the Communications Act and the First Amendment because it was designed to pressure ABC over protected editorial decisions. Disney, ABC, and the station-licensee plaintiffs seek an injunction barring the FCC from continuing the early-renewal proceeding or using its regulatory authority to control the editorial decisions of ABC stations or their programming. In a separate filing, the plaintiffs also seek a temporary restraining order and preliminary injunction to halt the FCC’s actions while the case proceeds.
The lawsuit follows several earlier FCC proceedings involving Disney and ABC. In May, Disney asked the FCC to recognize The View as a ‘bona fide news interview program’ exempt from the equal-time rule. Separately, Trump sued ABC News and George Stephanopoulos in 2024. Disney settled Trump’s private defamation suit rather than continue litigating it.
The recent lawsuit demonstrates a new approach by the media conglomerate.
The First Amendment Claim: Government Retaliation for Protected Speech
The First Amendment generally prohibits government officials from retaliating against speakers because of protected speech. The doctrine applies to any government action that coerces or punishes media companies for editorial decisions. While the FCC regulates broadcast licensing, the agency cannot infringe on First Amendment rights.
The suit accuses Carr and the FCC of carrying out a vindictive campaign against Disney and ABC as part of President Trump’s attempt to have a “chilling” effect on media outlets. This includes an investigation into the ABC show “The View” over accusations that it broke equal airtime rules by featuring a February 2, 2026, appearance by Texas senatorial candidate James Talarico. While primarily a talk show, “The View” countered that it has operated as a news program for the past twenty years, which exempts it under First Amendment editorial decisions. The FCC also had an ongoing inquiry into Disney’s DEI practices and sent a Letter of Inquiry to ABC-owned KTRK regarding Talarico’s appearance.
The dispute intensified after jokes made on the April 23, 2026 episode of “Jimmy Kimmel Live” about the upcoming White House Correspondents’ Dinner and Melania Trump. A shooting incident outside the Dinner on April 25 led to President Trump demanding on April 27 that Kimmel “be immediately fired by Disney and ABC.” The next day, the FCC ordered the eight Disney-owned stations to file license-renewal applications years ahead of their ordinary renewal schedule. The stations’ licenses otherwise were not scheduled for renewal until 2028 at the earliest, with some not due until 2031. President Trump has continued to call for ABC’s licenses to be taken away, including after the network’s decision not to air a presidential address live in July 2026.
Disney Asks a Federal Court to Stop the FCC
Disney and ABC say court intervention is urgent because the public-comment period on the stations’ accelerated license-renewal applications closed August 5, clearing the way for the FCC to take the next steps in the process, which could include considering public petitions to deny the renewal applications and investigate whether the stations violated FCC rules or the Communications Act.
The outcomes of the Disney/ABC cases could help define just how much enforcement power the FCC has regarding broadcast licenses. Broadcasters nationwide will be watching closely.
