(Aug 18): Walt Disney Co’s ABC network sued the Federal Communications Commission for allegedly waging an illegal “retaliatory campaign” against the broadcaster to punish it for editorial decisions disliked by the Trump administration.

The FCC is violating ABC’s First Amendment rights and abusing the government’s power by launching “pretextual regulatory investigations” and threatening its broadcast licences with an early renewal process, the network said in a complaint filed Tuesday in federal court in Washington.

The FCC initiated a nearly unprecedented licence scrutiny in April after it said Disney was not responsive enough to inquiries about its diversity and inclusion practices. The move to start a review of the licences at least two years early came just a day after US President Donald Trump urged ABC to fire late-night host Jimmy Kimmel over comments about the president and first lady last spring.

In its suit, ABC blasted government censorship as “deeply un-American". The network is seeking a court order barring the FCC from taking further action on its early licence renewal applications or attempting to alter the network’s exercise of its editorial discretion.

“Again and again, the administration has attacked ABC’s speech — the stories its journalists report and the viewpoints its network programmes air,” ABC said in the suit. “Over time, those attacks have escalated into express demands that ABC be stripped of its broadcast licences because of its speech.”

Disney’s suit reflects broader concerns about interference and retaliation from the Trump administration when news coverage or policy decisions clash with his vision. Similar allegations have been made in lawsuits by US universities and law firms targeted by the government, while several of Trump’s perceived enemies who have been hit with criminal charges have also alleged they were targeted unlawfully.

Trump and his administration have routinely clashed with ABC and other media outlets. Disney agreed to pay US$16 million in 2024 to settle a lawsuit brought by Trump against ABC News and anchor George Stephanopoulos. The president and FCC Chairman Brendan Carr also pressured Disney to fire Kimmel last fall after comments the late-night host made about political activist Charlie Kirk and the FCC warned Disney of potential regulatory consequences if it didn’t.

The new complaint cites a Truth Social post in which Trump said ABC’s “very valuable Broadcast Licenses” should be terminated because its news programmes and late-night shows are “almost 100% Negative to President Donald J. Trump, MAGA, and the Republican Party”.

The FCC didn’t immediately respond to a message seeking comment.

The Supreme Court has repeatedly reaffirmed robust free-speech rights in the US, the network said in the complaint, ruling as recently as two years ago in a unanimous decision that the government cannot “use the power of the State to punish or suppress disfavoured expression”.

Even so, the FCC has repeatedly threatened action against ABC in response to broadcasts disfavoured by the Trump administration, according to the suit.

Carr has initiated two separate inquiries into Disney — one over the broadcast licences and another concerning the talk show The View — a programme that has been known to frequently criticise Trump policies. Carr has also launched a probe into Disney’s diversity, equity and inclusion initiatives to see if they violated laws on unlawful discrimination.

Carr has “openly claimed credit” for the “speech-related concessions” made by other media companies since the start of Trump’s second term, ABC said in the suit. The network cited a speech by Carr at the Conservative Political Action Conference, where he said that “President Trump took on the fake news media and President Trump is winning”.

“Look at the results so far,” Carr said in the speech. “PBS defunded. NPR defunded. Joy Reid, gone from MSNBC. Sleepy-Eyed Chuck Todd, gone. Jim Acosta, gone. John Dickerson, gone. Colbert is leaving. CBS is under new ownership, and soon enough CNN is going to have new ownership as well.”

ABC said in its complaint that The View was added to a White House website listing alleged “media offenders" for reasons including claiming that Trump “was overstepping his authority by constructing a White House ballroom”.

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