On Aug. 18, 2026, the American Broadcasting Company, the Walt Disney Company (its owner), and several affiliate television stations filed a 45-page suit in the U.S. District court for the District of Columbia against the Federal Communications Commission, its chair, Brendan Carr, and other FCC commissioners. The suit asked for declaratory and injunctive relief against the commission’s request for actions that they believed were unconstitutional attempts to suppress their First Amendment rights of freedom of the press (Civil Case No. 1:26-cv-2902).
The suit was filed in response to what the stations considered to be FCC attempts to retaliate against their news coverage by requiring them to file early applications to renew their licenses and demanding unrelated information regarding their diversity, equity and inclusion policies.
The Content of the Complaint
Noting that “Government censorship is deeply un-American,” and that the Supreme Court had said in National Rifle Association v. Vullo (1924) that government may not “use the power of the State to punish or suppress disfavored expression,” the suit cited numerous comments both by President Donald Trump and by Chairman Carr criticizing the media and threatening to withdraw their licenses.
After objecting to on-air comments by comedian Jimmy Kimmel, Carr said that “We can do this the easy way or the hard way. These companies can find ways . . . to take action . . . on Kimmel, or there is going to be additional work for the FCC ahead.” The president had referred on numerous occasions to what he considered to be the network’s “fake news,” and had objected when it failed to carry his speech live on his allegations of election fraud.
The suit noted that Senators Ted Cruz, John Kennedy and Rand Paul, as well as the FCC’s only Republican FCC commissioner, had all characterized the FCC’s action as improper retaliation for political speech. It further characterized the FCC’s inquiries into employment practices as “pretextual.”
The suit gave particular attention to the FCC’s criticism of “The View” for negative coverage of administrative policies and for hosting political candidates opposed to Trump. Even though similar programs had been regarded as news programs, which were exempt from the equal time rule, the FCC (which had previously abolished the so-called “fairness doctrine”) accused the station of having violated it, while simultaneously allowing similar interviews by conservative radio stations.
Noting that ABC News had livestreamed a presidential speech (which it was under no legal obligation to carry) after receiving threats and that “The View” had ceased inviting political candidates for interviews, the suit alleged that the government’s actions had already had a “chilling effect” on First Amendment rights that would extend to other stations as well. It further argued that by ordering early license renewals, the FCC had violated decades of procedures and precedents that were aimed at influencing the content and viewpoints of the stations’ news.
Citing Morse v. Frederick (2007), the suit pointed out that the kind of “political speech” at issue in this case was “at the core of what the First Amendment is designed to protect.” Further citing Arkansas Education Television v. Forbes (1998), the suit observed that “When a public broadcaster exercises editorial discretion in the selection and presentation of its programming, it engages in speech activity.”
What the Suit Requested
The suit, which had been widely praised by press freedom groups, called for “a speedy hearing,” a temporary restraining order, and a preliminary injunction against the license renewal proceedings. The case has been assigned to Judge Loren AliKhan, a Biden appointee.
In the meantime, President Trump has threatened to report Kristen Welker of NBC to the Federal Communications Commission for rightfully claiming that Trump’s endorsement of candidates has had “mixed results.”
John Vile is a political science professor and dean of the Honors College at Middle Tennessee State University.
SEE ALSO
- Brendan Carr
- Chilling Effect
- Donald Trump
- Equal Time Rule
- Fairness Doctrine
- Federal Communications Commission
- Morse v. Frederick (2007)
- National Rifle Association v. Vullo (2024)
- Presidents and the First Amendment
- Viewpoint Discrimination
FURTHER READING
- “ABC sues FCC over challenge to its broadcast licenses, saying actions present ‘existential threat’” by The Associated Press, Aug. 19, 2026.
- FCC chairman defends actions against ABC, says broadcasters must operate ‘in the public interest’ by The Associated Press, Aug. 3, 2026.
- “Trump calls for NBC’s Kristen Welker to face ‘rebuke or punishment’” by Cheyanne M Daniels, Politico, Aug. 30, 2026.