• by Wendy Davis , Yesterday

The Federal Communications Commission's early review of eight ABC-owned stations' broadcast licenses has placed the network in an "intolerable situation," the company says in a lawsuit filed Tuesday.

"Each time an ABC journalist publishes a story or an ABC host interviews a political guest, they must wonder whether that speech might lead the Administration to follow through on its threat of license revocation or to impose some other sanction," the company says.

"In this intolerable situation, plaintiffs have no choice but to seek judicial protection against the Commission’s ongoing assault on their right to speak," ABC adds in papers filed in Washington, D.C. federal court. "The First Amendment demands an immediate end to the Commission’s retaliatory campaign."

ABC is seeking an order declaring that the FCC's investigation is unconstitutional, and an injunction prohibiting the agency from continuing with a proceeding that could lead to termination of broadcast licenses in major markets including New York and Los Angeles.

The lawsuit is the latest development in a battle dating to April, when the FCC demanded that the network seek an immediate review of the licenses -- years ahead of schedule. The license in Los Angeles, for instance, doesn't expire until December 1, 2030, and the one in New York doesn't expire until June 1, 2031. The earliest any of the licenses expire is in 2028.

The FCC said at the time that was conducting an early review as part of its investigation into alleged "unlawful discrimination" -- meaning diversity, equity and inclusion efforts -- by the network.

Chair Brendan Carr has said the review wasn't related to content.

But ABC argues the agency is actually retaliating against the network for speech the Trump administration doesn't like.

"Defendants have violated, and continue to violate, plaintiffs’ First Amendment rights by launching pretextual regulatory investigations and threatening the stations’ valuable broadcast licenses through early license renewal proceedings -- all to punish plaintiffs for content and viewpoints the Administration dislikes," ABC writes.

The network indicates pressure from the FCC is already affecting editorial moves -- including the decision to stream President Trump's July 16 prime-time address regarding election integrity.

"With the threat of non-renewal or revocation of its stations’ broadcast licenses on the line, ABC cannot ignore the consequences of any decision that might anger the administration or the FCC chairman," the company writes. "ABC was aware that the President wanted the address to be broadcast live, and considered the risk of resulting Administration retaliation. ABC ultimately decided to livestream the speech on ABC News LIVE, which it ordinarily would not have done"

The agency launched the license-renewal probe one day after Trump said in a Truth Social post that Disney and ABC should "immediately" fire Jimmy Kimmel over a joke that Trump characterized as a "despicable call to violence." (In the joke, which aired two days before the April White House Correspondent's Dinner, Kimmel said, "Mrs. Trump, you have a glow like an expectant widow.")

An FCC spokesperson said Tuesday, "All broadcasters have a legal obligation to operate in the public interest-even Disney."

The spokesperson added that the agency "has been examining claims that Disney engaged in illegal DEI discrimination for over a year" and "will continue to follow the facts and law wherever they lead."

The FCC's Anna Gomez, currently the sole Democratic commissioner, cheered news of ABC's lawsuit.

“For months, the FCC has waged a campaign of censorship and control against Disney’s ABC stations, using the threat of broadcast license revocations to punish a company for speech this administration doesn’t like," she stated Tuesday.

"I have long called on companies to push back against this kind of government intimidation, and I’m glad Disney has shown courage and stepped up."

On top of the early license review, the FCC also is investigating whether interview on "The View" with Texas State Rep. James Talarico, who was then seeking the Democratic nomination for U.S. Senate, violated the so-called equal-time rule.

That rule generally says broadcasters that give free air time to "legally qualified" candidates must also offer their rivals an opportunity for free air time. But the rule has exceptions for "bona fide" newscasts, interviews and documentaries, and in 2002 the FCC's Media Bureau said "The View" qualified for that exception.

ABC recently petitioned the FCC to declare that the "The View" continues to be exempt because it's a bona fide news interview program, arguing that there is no basis to overturn the 2002 ruling.