FCC Accuses ABC of ‘Disinformation Campaign’ After First Amendment Lawsuit

The Federal Communications Commission accused ABC and parent company Disney of running an "ongoing campaign of disinformation" Tuesday after the network filed a First Amendment lawsuit seeking to stop an early review of licenses held by eight ABC-owned television stations.

An FCC spokesperson said broadcasters, including Disney, are legally required to operate in the public interest and said the commission has spent more than a year examining allegations that Disney engaged in unlawful discrimination tied to its diversity, equity and inclusion practices. The agency said Disney's lawsuit showed the company's concern about the proceeding and maintained that it would continue evaluating the matter based on the facts and the law.

ABC sued the commission Tuesday, accusing the Trump administration of using the FCC's regulatory authority to retaliate against the network over programming and editorial decisions. The company is asking a federal judge to stop the agency from taking action against Disney, ABC, or the eight stations in connection with their early license renewal applications.

FCC Chairman Brendan Carr ordered the early reviews in April, even though the stations were not scheduled to begin their regular license renewal process until 2028. Carr has maintained that the action stems from the investigation into Disney's DEI practices. ABC denies the discrimination allegations and claims the licensing process is being used to pressure the network over its editorial decisions.

The dispute has also focused on ABC's decision not to air President Donald Trump's prime-time speech last month. Trump subsequently called for ABC stations to lose their licenses, while Carr has indicated that the network's handling of the speech could be considered as part of the FCC's review. ABC cites those statements as evidence supporting its claim that the licensing action is tied to protected editorial choices.

A First Amendment retaliation claim generally turns on whether the government used its authority to penalize protected speech. ABC argues that the early license review crosses that line because it was motivated by the network's programming decisions. The FCC maintains that it is carrying out its regulatory responsibilities and examining allegations unrelated to ABC's editorial viewpoints.

The dispute follows other clashes between the commission and ABC programming. The FCC has examined whether "The View" is subject to federal equal opportunity requirements for political candidates, and Carr previously pressured broadcasters over "Jimmy Kimmel Live!" before ABC temporarily suspended the program in September 2025.

U.S. District Judge Loren AliKhan on Tuesday directed ABC and the FCC to propose a schedule for considering the network's request for a temporary restraining order. The judge also ordered the FCC to notify the court if the agency moves to begin a proceeding that could lead to revocation of the ABC station licenses.