Key facts
- A US judge will hold a hearing on Tuesday regarding Disney's lawsuit against the FCC.
- Disney seeks to block the FCC's early review of licenses for its eight ABC stations.
- Disney alleges the FCC's actions are an "extraordinary assault on free speech."
- FCC Chair Brendan Carr ordered the early reviews in April, despite license renewals not being due until 2028.
- The FCC is also investigating ABC's "The View" for potential violations of equal opportunity rules.
A US judge is scheduled to hold a hearing on Tuesday to address Walt Disney Co.'s lawsuit against the Federal Communications Commission. The lawsuit challenges the FCC's decision to conduct an early review of broadcast licenses for Disney's eight company-owned ABC television stations.
Disney filed the suit in August, arguing that the FCC's actions constitute an "extraordinary assault on free speech" and are an attempt to coerce and retaliate against the network for programming that has criticized the Trump administration. The company contends that the FCC is attempting to reshape the media landscape through these actions.
US District Judge Loren AliKhan will preside over the hearing to determine whether to issue a temporary restraining order. Previously, AliKhan declined to issue an order barring the FCC from referring the licenses for a public hearing. The FCC has committed to providing at least 48 hours' notice to the court before proceeding with any such referral.
FCC Chair Brendan Carr initiated the early reviews in April, even though the license renewals for the ABC stations were not due until October 2028. This marks the first time the FCC has ordered such an early review in over 50 years. The reviews followed President Donald Trump's public calls for ABC to fire late-night host Jimmy Kimmel and his broader criticism of news and other programming that has joked about or criticized him or his administration.
Broadcast stations require FCC licenses to operate. While license revocations are rare, critics argue that the threat of losing a license can unduly influence broadcasters' programming decisions and represents government interference. The FCC is also reportedly investigating ABC's daytime talk show "The View," citing potential violations of rules requiring equal opportunities for political candidates. Disney noted that the program has not invited political candidates since February, attributing this to the FCC's "pressure campaign."