Kylie Cooper | Reuters
The broadcast network filed the lawsuit Tuesday in district court in Washington, DC.
It comes months after the FCC launched an early renewal of a set of ABC broadcast station licenses, citing concerns about the company’s diversity, equity and inclusion efforts.
However, that initial review process came on the heels of renewed political backlash against ABC following comments made by TV host Jimmy Kimmel on his late-night show, which airs on the broadcast network. ABC has also faced government criticism over its daytime talk show, “The View.”
ABC’s lawsuit asks the FCC to halt its early broadcast renewal procedures.
An FCC spokesperson said in a statement Tuesday that the government entity was working in the public interest.
“Disney is obviously very concerned about the FCC’s proceedings, as evidenced by its ongoing misinformation campaign, as well as its decision to ask a court to stop the FCC from pursuing the matter. The FCC will continue to follow the facts and the law wherever they lead,” the statement said.
The agency began its review of ABC licenses in April, years before their scheduled expiration. ABC responded in May, saying in documents that it was filing the requests “under protest in response to an illegal, arbitrary and unconstitutional order” by the FCC.
FCC Chairman Brendan Carr told CNBC at the time that the agency was focused on Disney’s DEI practices and that the early license renewal was not tied to First Amendment issues.
Carr was appointed by Trump to lead the federal entity intended to regulate the media and telecommunications industry. It began its investigation into Disney stations last year for possible violations of the Communications Act of 1934 and FCC rules regarding its prohibition on unlawful discrimination.
On Tuesday, ABC said it “continues to face irreparable harm” from the administration, which “has been acting” through the FCC.
Last week, Disney CEO Josh D’Amaro doubled down on the company’s position in an interview with CNBC.
“I think you saw in our filings with the FCC that our position on this is clear,” D’Amaro told CNBC’s Julia Boorstin at the time. “We’re very principled in this. We’re going to stand up for what we believe is journalism and integrity, and you’re not going to tell us how to run that side of our business.”
D’Amaro took over as CEO in March, replacing longtime Disney boss Bob Iger.
Last week, Iger agreed to buy a majority stake in the NBA’s Los Angeles Lakers along with Joshua Kushner, founder of Thrive Capital and brother of Jared Kushner, who is married to Trump’s daughter Ivanka.
FCC Commissioner Anna Gomez, the only Democrat on the commission and who has so far opposed its actions against ABC, issued a statement Tuesday in support of ABC’s decision to sue the FCC.
“For months, the FCC has waged a censorship and enforcement campaign against Disney’s ABC stations, using the threat of broadcast license revocation to punish a company for speech this administration doesn’t like,” Gomez said. “I have long called on companies to reject this type of government intimidation, and I am glad that Disney has shown courage and stepped forward. This should be a welcome sign to all broadcasters who have quietly felt the weight of this excessive government pressure.”
