Disney and ABC have filed a lawsuit to stop the Trump administration from launching an early licence renewal process, arguing that the network is being unfairly targeted over its editorial content.
“Government censorship is deeply un-American,” the lawsuit says. “This case concerns the Administration’s sustained effort to do just that.”
The lawsuit says the Federal Communication Commission – the government’s media regulator – is being pressured to renew broadcast licences years early. It alleges the push stems from complaints from, and under the direction of, President Donald Trump.
FCC chairman Brendan Carr has said that the renewal requests were focused on “public interest”, not retaliation.
The FCC reiterated Carr’s message in an emailed response to the BBC on Tuesday, saying “all broadcasters have a legal obligation to operate in the public interest—even Disney”.
“The FCC has been examining claims that Disney engaged in illegal DEI discrimination for over a year,” the statement said. “The FCC will continue to follow the facts and law wherever they lead.”
Disney and its eight owned-and-operated TV stations are plaintiffs in the lawsuit filed on Tuesday against FCC and its chairman.
The FCC ordered licence renewals for the Disney-owned ABC stations in April.
Disney previously had been under investigation for its alleged diversity, equity, and inclusion (DEI) practices and for ABC’s daytime talk show, The View.
But the notice for early renewal of licence from the FCC came a day after ABC’s late-night host Jimmy Kimmel made a joke about first lady Melania Trump.
In the lawsuit, Disney calls the order by the FCC “unprecedented”, saying that before then the commission had not called for early renewal in over 50 years.
“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 lawsuit says.
It cites Trump’s own social media posts as evidence, including one in which Trump complained about ABC’s coverage of him being “almost 100% negative”.
In the same social media post, Trump also questioned whether their broadcast licences should “be terminated”, and answered his own question: “I say, Yes!”.
The FCC gave ABC and Disney 30 days to file applications, which, according to plaintiffs in the lawsuit, “ordinarily take months to prepare”.
The lawsuit also notes that the FCC has never demanded early renewal applications from a group of stations commonly owned by a single broadcast network.
ABC and Disney have requested a “speedy hearing” from the court and a temporary restraining order.
