Disney FCC License Renewals Prompt Free-Speech Fight

Walt Disney Co.'s ABC division filed early license-renewal applications "under protest" on May 28, 2026, complying with an April 28 Federal Communications Commission (FCC) order that tied the renewals to a diversity, equity, and inclusion (DEI) investigation. ABC framed the move as a First Amendment challenge, raising regulatory risk.

Disney Frames Order as a First Amendment Test

ABC submitted early renewal applications for its eight owned-and-operated ABC television stations, including WABC New York and KABC Los Angeles, following the FCC’s 30-day directive. In its WABC-TV New York filing, ABC described the April 28 order as unlawful, arbitrary, and unconstitutional, arguing it was a retaliatory effort to punish disfavored editorial speech. The company had earlier filed a 52-page First Amendment petition asking the commission to rescind the order.

ABC warned that the order’s practical effect would harm the public by forcing broadcasters to consider regulatory retaliation before making editorial decisions. The filing called the FCC’s action an unprecedented use of agency power, noting the commission had not demanded early renewal in more than five decades and had never before required simultaneous early renewal for a network-owned group.

The dispute partly stems from political backlash against ABC programming. The early-renewal order followed public criticism, including former President Donald Trump’s call to fire late-night host Jimmy Kimmel over a joke about the First Lady. The FCC has also scrutinized segments of The View for potential violations of equal-opportunity rules. ABC connected this regulatory attention to its broader First Amendment claims.

FCC Cites DEI Investigation and Opens Formal Review

The FCC’s April 28 order pulled the eight ABC stations into early renewal review years ahead of their scheduled expirations between 2028 and 2031, with some licenses slated for review in October 2028. The commission said the move was an enforcement step tied to an investigation into whether Disney’s DEI policies constitute unlawful discrimination under the Communications Act and FCC rules.

FCC Chair Brendan Carr rejected ABC’s constitutional framing, stating the agency found Disney’s prior responses to the inquiry disingenuous and deficient. He emphasized that broadcast licensees have a unique obligation to serve the public interest and said the FCC will follow the facts and law as the process continues.

The early review places all eight licenses into a formal FCC proceeding sooner than planned, opening the door to petitions to deny and additional information requests typical of renewal cycles. The commission has not yet taken final action on approvals or other outcomes.

The move drew pushback in Washington. Several U.S. senators urged the FCC to rescind the early-renewal order, calling it an extreme use of licensing authority to punish broadcasters. Commissioner Anna M. Gomez, the commission’s sole Democrat, criticized the action on social media as political retribution and an assault on press freedom.

ABC highlighted the rarity of the FCC’s step, noting the commission had not demanded early renewal in over 50 years and that it has been decades since the agency revoked a major broadcast license. Disney signaled it is prepared to press the matter as a significant First Amendment test if the commission proceeds with adverse measures.

Disney has not provided financial or operational guidance related to the FCC dispute.