Disney Asks Judge to Block FCC Review of ABC Licenses in First Amendment Fight

Disney asked a federal judge Tuesday to block the Federal Communications Commission from conducting an early review of eight ABC television licenses, arguing that the Trump administration is using the agency’s regulatory power to punish the network over programming and editorial decisions it dislikes.

The FCC urged U.S. District Judge Loren L. AliKhan to dismiss the case, arguing that the agency has yet to make a final decision on the licenses and that Disney brought its constitutional challenge before there was any agency action for the court to review.

AliKhan did not rule during the October 6, 2026, hearing in Washington. She questioned both sides over whether the court has authority to intervene now and whether the early license review itself is already causing the First Amendment harm Disney alleges. The judge requested additional written arguments before deciding how the case should proceed.

The dispute involves licenses for eight ABC-owned stations serving major markets including New York, Los Angeles, Chicago, Philadelphia and San Francisco. None would ordinarily come up for renewal before 2028, and several remain valid into 2030 or 2031.

The FCC nevertheless ordered ABC in April to submit early renewal applications as part of an investigation into whether Disney’s employment practices violated federal anti-discrimination requirements. Disney submitted the applications in May while continuing to contest the agency’s action.

Disney argues that the investigation cannot be separated from FCC Chairman Brendan Carr’s criticism of ABC programming and President Donald Trump’s public attacks on the network.

At Tuesday’s hearing, Disney attorney Beth Wilkinson argued that the government is attempting to censor and punish ABC for broadcasting material the administration disfavors. The company has asked AliKhan to stop the early renewal proceedings before the FCC determines whether to renew the stations’ licenses.

The government maintains that the review stems from an investigation that began before the early renewal order and from what the FCC has described as inadequate responses to requests for information about Disney’s employment practices. The agency says broadcasters operate under federal licenses and remain subject to statutory and public-interest obligations.

That leaves the court facing an important threshold question before it reaches the substance of Disney’s First Amendment allegations: whether Disney can sue now or must wait for the FCC to complete its proceedings.

The FCC argues that Disney is attempting to bypass the process Congress established for reviewing commission decisions. Under that framework, a final FCC licensing decision would ordinarily be challenged in a federal appeals court.

Disney says waiting would allow the alleged constitutional injury to continue while the agency subjects its stations to a process it claims was initiated in retaliation for protected speech.

The company has described the investigation itself as a burden on its editorial independence. Court filings say the FCC issued more than 600 requests concerning Disney’s employment practices, leading the company to produce more than 13,000 pages of documents.

Disney has also pointed to separate FCC scrutiny involving ABC programming, including The View and Jimmy Kimmel Live!, as evidence that the regulatory pressure reaches beyond employment issues.

The company says that pressure is already affecting programming decisions. According to its court filings, producers of The View have become more cautious about political guests and the use of candidate footage because of concerns about the commission’s actions.

The FCC disputes Disney’s characterization of the proceedings as retaliation. Carr has argued that requiring broadcasters to comply with federal law and their licensing obligations does not violate the First Amendment.

The early renewal procedure itself is unusual. At the hearing, AliKhan questioned the government about the basis for requiring Disney to seek renewal years ahead of schedule and noted the rarity of comparable proceedings.

The FCC’s own April order states that the agency may require early renewal when it considers the step necessary to conduct an investigation. The commission says its examination of Disney had already involved multiple rounds of document requests before the eight ABC licenses were called in early.

Disney sued the FCC in August, naming the commission and Carr as defendants. The company is represented by a legal team that includes former U.S. Solicitor General Paul Clement and trial lawyer Beth Wilkinson.

The case now turns first on whether AliKhan concludes that the district court can hear Disney’s challenge before the FCC takes final action. If the case survives the government’s request for dismissal, the court could then confront Disney’s broader claim that the early licensing review amounts to unconstitutional retaliation for ABC’s protected speech.