ABC and Disney file First Amendment complaint against FCC under Trump administration
A legal filing signed by Paul Clement alleges retaliatory targeting regarding The View and Disney's DEI policies threatens editorial discretion.
ABC and Disney have filed a formal legal complaint with the Federal Communications Commission, accusing the Trump administration of violating First Amendment rights. The network argues that recent actions by the regulator constitute major shifts in policy designed to chill free speech and restrict broadcast licensees' editorial discretion.
The core of the dispute centres on a review of the eligibility of *The View* for the bona fide news interview exemption, alongside requests for early license renewal applications made during an investigation into Disney's diversity, equity, and inclusivity policies. ABC contends that this timing suggests retaliatory targeting and warns that such uncertainty could limit political news coverage as the 2026 midterms approach.
The filing, dated Thursday, was signed by Paul Clement, a prominent Supreme Court litigator and former Solicitor General under President George W. Bush. Clement's intervention highlights the significance of the case, framing the FCC's moves as a dangerous departure from the agency's long-standing approach to public interest services and news exemptions.
ABC asserts that the regulator is selectively applying scrutiny to daytime and late-night talk shows while ignoring avowedly partisan talk radio hosts. The network argues that this disparity in treatment raises serious concerns about viewpoint discrimination and retaliatory targeting, potentially making it infeasible for candidates to secure necessary broadcast airtime.
This legal action represents a significant escalation in friction between the broadcaster and the administration. It follows previous controversies, including a $15 million defamation settlement regarding George Stephanopoulos and the brief cancellation of *Jimmy Kimmel Live!* following threats from FCC Chair Brendan Carr.
The case is noted as a high-profile test for Disney's new CEO, Josh D'Amaro, who succeeded Bob Iger. The filing concludes that narrowing the FCC's approach to news exemptions risks restricting political discourse exactly when it is needed most, urging the commission to affirm its established regulatory framework.
