FCC’s early ABC license review puts Disney in a First Amendment fight

Federal Communications Commission Chairman Brendan Carr has ordered an early review of Disney’s ABC broadcast licenses, escalating a dispute that began with an FCC inquiry into Disney’s diversity, equity and inclusion programs, the Wall Street Journal reported.

The timing sharpened the controversy: the order came one day after President Trump called for ABC to fire “Jimmy Kimmel Live!” host Jimmy Kimmel over a joke about first lady Melania Trump. Disney said it is confident its record shows it remains qualified under the Communications Act and the First Amendment.

The review is unusual because ABC’s eight owned television station licenses are not due for renewal until 2028 through 2031. FCC guidance says television license renewals normally follow state-based filing cycles and are filed four months before expiration.

The legal fight may turn on whether the FCC can justify the accelerated review as a neutral enforcement action or whether it appears to punish Disney for protected speech. The FCC says its authority over programming is limited by the First Amendment and by Section 326 of the Communications Act, which bars censorship of broadcast communications.