ABC sues Trump’s FCC for ‘retaliation’ over Jimmy Kimmel

Television network ABC and its parent company The Walt Disney Company have filed a First Amendment lawsuit against the Federal Communications Commission, accusing Donald Trump’s administration of launching a “retaliatory campaign” against the network over its news coverage and programming.

Tuesday’s federal lawsuitaccuses the FCC of escalating the administration’s threats to the network with “express demands” that ABC be stripped of its broadcast licenses, which pose an “existential threat” to the network and media outlets.

The lawsuit alsochallenges the FCC’s decision to review broadcast licenses for eight ABC-owned stations after late-night host Jimmy Kimmel’s comments about the killing of conservative activist Charlie Kirk.

Those licenses were not set to expire until 2028 at the earliest, and the FCC had not required an early review in more than 50 years, according to the lawsuit. Instead, the administration has weaponized those threats to pressure and control what the network covers by “openly coercing ABC into changing its programming,” lawyers argued.

ABC also argues that Trump’s repeated calls to revoke the network’s licenses as well as actions and comments from FCC Chairman Brendan Carr have “left little doubt” that the administration’s goal is to extract “speech-related concessions” from the network and other media outlets.

“Government censorship is deeply un-American,” the lawsuit states. “Again and again, the administration has attacked ABC’s speech — the stories its journalists report and the viewpoints its network programs air.”

The suit specifically cites Carr’s comments about Kimmel.

On September 15, Kimmel said on his show: “We hit some new lows over the weekend, with the MAGA gang desperately trying to characterize this kid who murdered Charlie Kirk as anything other than one of them and everything they can to score political points from it.”

After his remarks, Carr criticized the host and warned ABC it could “take action” against Kimmel or face “additional work” from the FCC.

“We can do this the easy way or the hard way,” Carr said at the time. “These companies can find ways to change conduct, to take action, frankly, on Kimmel, or there is going to be additional work for the FCC ahead.”

Two days later, he was suspended.

Jimmy Kimmel Live! was suspended from the network from September 17 through September 22. Trump celebrated on Truth Social, calling it “Great News for America.”

The show returned to air after Disney said it had “thoughtful conversations” with the host.

ABC also says the FCC has targeted The View over its political content and treatment of candidates. The network argues the scrutiny has affected the show, noting that no political candidates have appeared on The View since the FCC began questioning its exemption from federal equal-opportunity rules following a February appearance from Democratic Texas state Sen. James Talarico.

The lawsuit also challenges an FCC investigation into ABC and Disney’s employment practices. ABC says the agency has made more than 600 requests for information and received more than 13,000 pages of documents while arguing that many of the requests exceed the FCC’s authority.

In a statement to The Independent, the FCC said that “all broadcasters have a legal obligation to operate in the public interest — even Disney.”

“The FCC has been examining claims that Disney engaged in illegal DEI discrimination for over a year,” according to the agency. “Disney is obviously very concerned about the FCC’s proceeding, as evidenced by their ongoing campaign of disinformation as well as their decision to ask a court to stop the FCC from further pursuing matters. The FCC will continue to follow the facts and law wherever they lead.”

The government’s actions have already had a chilling effect on its editorial decisions, ABC claims. The lawsuit points to the network’s handling of Trump’s July 16 address, saying it live-streamed the speech on ABC News Live rather than airing it live on the traditional network, a decision it says it ordinarily would not have made.

“The consequences of the administration’s campaign against free speech reach well beyond ABC,” lawyers for the networks wrote.

“If the administration gets its way, the message to every media company in the country will be unmistakable: tell only the stories the administration deems favorable, or face the coercive machinery of the federal government,” they added. “In such a world, the press could in no way be described as free.”

The lawsuit is urging the court to declare the accelerated license reviews unconstitutional and to block the federal government from threatening or coercing the network over its editorial decisions.

ABC and Disney are also asking for a temporary restraining order to halt the license renewal proceedings while the case moves forward.