ABC Says FCC Ordered Early Licence Review to Evade Court Scrutiny
ABC has told a federal court that America's broadcast regulator ordered an early review of its licences to avoid scrutiny by judges.
The claim came in a new filing in ABC's First Amendment lawsuit against the Federal Communications Commission, as reported by Variety. The First Amendment is the part of the US Constitution that bars the government from punishing free speech and the press. ABC argues the FCC's demand for early licence renewals was built to evade judicial review.
On Aug. 18, ABC sued the FCC and its chairman, Brendan Carr. The network alleged an assault on its First Amendment rights through the implicit threat of revoking broadcast licences for eight owned-and-operated stations. That phrase means stations ABC owns outright, rather than independent affiliates that carry its programmes.
The FCC says its order had a different origin. According to the agency, it required ABC to seek early renewals because of an investigation into alleged diversity, equity and inclusion employment practices at Disney and ABC. DEI, in this context, refers to workplace policies on hiring and representation.
The timing is central to ABC's case. The FCC's April 2026 order came one day after Donald Trump and Melania Trump publicly criticised a Jimmy Kimmel joke and Trump demanded ABC fire Kimmel. The joke at issue described Melania Trump as having "a glow like an expectant widow." Trump later urged the FCC to strip licences after criticising programming, according to Reuters.
The mechanics were unusual. The FCC called for early renewal of all eight ABC-owned stations at once. An agency document directed Disney's ABC to file renewals for all licensed television stations within 30 days, by May 28, 2026. ABC filed renewal applications for its eight television licences on that date. The FCC's Media Bureau then set the pleading cycle and ex parte procedures, meaning the timetable for public objections and the rules for private contact with regulators.
Disney and ABC are now seeking a court order to end that early renewal proceeding. In the lawsuit, ABC asked the judge to temporarily prohibit the FCC from taking any further action on the renewals. ABC has described the agency's actions as an "existential threat" to its ability to broadcast. The FCC has asked the court to dismiss the lawsuit.
A hearing was scheduled for the week of Oct. 5, 2026. On Oct. 6, Judge Loren AliKhan of the US District Court for the District of Columbia instructed the FCC to file extra briefing on other tools it could use to obtain documents in the DEI inquiry, short of early renewals. A lawyer for Walt Disney urged the judge to block the early review. The lawyer said the US seeks to censor and control ABC, while Disney said the FCC seeks to coerce and punish the network for disfavoured content.
The document fight is specific. ABC says it produced more than 11,000 pages of responsive documents on a mutually agreed schedule. It says the FCC's Enforcement Bureau has never suggested its existing tools are insufficient. The FCC told the court that using an administrative subpoena, a formal order to hand over material, or a monetary forfeiture order would require seeking enforcement in federal court.
What makes this stand out is the clash of explanations. One side frames an employment inquiry. The other frames a threat to eight stations and the newscasts, sports and late-night shows they carry.
