FCC asks court to dismiss Disney's lawsuit over ABC license review

The Federal Communications Commission has filed a motion asking a federal court to dismiss a lawsuit brought by Disney, arguing the agency should be allowed to continue reviewing the broadcast licenses of ABC's eight owned stations. Disney sued the FCC on August 18, accusing the agency of running a "campaign of censorship" in retaliation for ABC content that displeased President Trump.

In its filing, the FCC said the early license review concerns only allegations of unlawful discrimination tied to Disney's diversity, equity, and inclusion policies, not the jokes made by Jimmy Kimmel or political content on The View, which FCC Chairman Brendan Carr had previously criticized. The agency said Carr remains "open-minded" and has made no decision, and that the review process itself does not interfere with Disney's rights since stations can keep operating throughout the proceeding. The FCC also claimed Disney's responses to its inquiries were inadequate, prompting the accelerated review, and argued the district court lacks jurisdiction since FCC orders belong before appeals courts.

Meanwhile, two watchdog organizations, Frequency Forward and the Media Action Center, along with 18 individual viewers of ABC stations, have asked to intervene in the case. They say they fear Disney might settle with the FCC in a way that restricts the content ABC stations provide, arguing that Disney's corporate interests do not necessarily align with those of viewers. Disney opposes their involvement, saying the groups lack a legally protected interest and could instead submit an amicus brief.

Disney's lawsuit acknowledged that the FCC's actions have already affected its editorial decisions — The View has not interviewed any political candidates since a related FCC proceeding began. In December 2024, ABC had already agreed to pay $15 million to settle a separate lawsuit Trump filed over comments by journalist George Stephanopoulos.