The FCC is fast-tracking a review of ABC’s local stations, sparking an unprecedented First Amendment battle over the network’s future
"Corporate death penalty."
The Federal Communications Commission (FCC) is moving to fast-track a review of ABC’s local television stations. This action has sparked an intense First Amendment battle regarding the future of the network. According to NPR, a federal court in Washington, D.C., recently hosted a legal showdown between the Walt Disney Co. and federal broadcast regulators. This hearing focused on the extent of free speech protections during the presidency of Donald Trump.
Trump has frequently demanded that ABC fire late-night host Jimmy Kimmel. The president often criticizes Kimmel for mocking him on air. Trump also routinely attacks the program The View. He labels the show as biased and unfair.
The president previously sued the network over comments made by anchor George Stephanopoulos. Those comments concerned legal verdicts in lawsuits filed by E. Jean Carroll. ABC paid a $16 million settlement in December 2024 to resolve that issue. Now, new Disney CEO Josh D’Amaro is leading a high-stakes legal fight against the administration.
FCC chair Brendan Carr has echoed the president’s complaints
Under Carr’s leadership, the agency is reviewing Disney’s ownership of eight local stations. This review is happening years ahead of the original schedule. These stations are located in major media markets. They contribute significantly to the overall bottom line of the network. The move followed months of social media posts from Trump. The president has publicly urged the commission to strip ABC of its broadcast licenses.
Mark Fowler, a Republican who served as an FCC chair under President Ronald Reagan, weighed in on the situation. He filed a statement to support the lawsuit brought by ABC. “There’s not even a question as to what Carr is doing. What Carr is doing is unconstitutional,” Fowler stated. He compared the current actions of the commission to censorship. “The First Amendment is very plain in its wording and its meaning,” he added.
Technically, broadcast networks do not need federal licenses to operate. However, individual stations require them to utilize public airwaves. These licenses are usually reviewed on a staggered, routine basis. They are typically renewed without any significant controversy.
Carr has defended the review by citing the legal requirement for stations to serve the public interest. He also initiated investigations into the diversity, equity, and inclusion policies at Disney. Although he denies the review is linked to content, he has criticized the network for perceived bias.
The judge expressed doubts over the justifications
Disney is seeking an order from U.S. District Judge Loren L. AliKhan to stop the accelerated review. During a recent two-hour hearing, the judge appeared skeptical of the administration’s justifications. “What is it that made this so different that you needed to call for an early license renewal,” Judge AliKhan asked a Department of Justice (DOJ) lawyer.
The government argues the review is necessary for its probe into hiring practices at Disney. Dimitar Georgiev, a DOJ lawyer, framed this as a core function of the commission. The Hill reports that ABC attorney Beth Wilkinson disagreed with that assessment. She characterized the potential license revocation as a “corporate death penalty.” She argued that on-air talent at the network has been chilled by the investigation.
This pressure is reportedly affecting editorial decisions ahead of the midterm elections. Wilkinson noted that ABC even moved a recent interview with Texas Democratic Senate nominee James Talarico from television to YouTube to avoid further conflict.
The administration also argued that the district court lacks jurisdiction over this specific case. They pointed to a provision in the Communications Act. They claim this provision directs such disputes to the D.C. Circuit Court of Appeals. Wilkinson countered that this path would leave Disney without immediate recourse. She insisted that the harm to the network is happening right now.
The criticism has only intensified
Bruce Brown, the president of the Reporters Committee for Freedom of the Press, also criticized the government. “The overreaching by the FCC is one of the greatest threats right now that’s facing journalism,” Brown said. He pointed to a pattern of actions taken by the commission.
The agency has launched investigations into all broadcast networks except for Fox. Meanwhile, the administration has restricted media access at the White House and the Pentagon. Federal agents have even sought access to journalist devices to identify sources. “This is only one part of a wide effort by the Trump administration to intimidate the press – and to try to coerce out of news organizations the type of coverage the president wants to see,” Brown added.
Carr previously suggested that ABC could handle his requests the easy way or the hard way. This comment was made on a right-wing podcast in September 2025. ABC briefly suspended Jimmy Kimmel following remarks he made about the death of activist Charlie Kirk. That suspension was lifted after significant public outcry. Other comedians like Seth Meyers and John Oliver have expressed support for Kimmel.
Judge AliKhan did not issue a ruling from the bench. She asked the administration to explain in writing what other mechanisms it could use for its investigation. For now, the future of the network’s local licenses remains uncertain.
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