Could the FCC yank ABC’s TV licenses amid Trump spat with Kimmel?
Legal experts are weighing in on the potential challenges the Federal Communications Commission (FCC) would face if it were to strip Disney of broadcast licenses for its ABC television stations. The FCC recently ordered an early review of the ABC licenses as part of an investigation into Disney’s diversity, equity, and inclusion practices. This move has drawn scrutiny due to its timing, which coincided with President Trump’s call for the firing of Jimmy Kimmel, a late-night talk show host on ABC.
Katie Fallow, the deputy litigation director of Columbia University’s Knight First Amendment Institute, believes that the FCC’s actions are an attempt to pressure Disney and ABC to change their programming and potentially fire Kimmel. Blair Levin, a policy analyst with New Street Research and a former FCC employee, also suggests that the timing of the review indicates a motive related to President Trump’s call to fire Kimmel rather than any legitimate concerns about Disney’s practices.
The FCC’s probe into Disney’s diversity, equity, and inclusion policies began in March 2025, focusing on potential violations of federal anti-discrimination rules. The FCC has accused ABC of implementing race-based hiring practices and limiting corporate fellowships to specific demographic groups. These allegations are part of a broader effort by the Trump administration to roll back diversity initiatives across various sectors.
Disney has not yet commented on the FCC’s investigation, but a spokesperson for the company stated that they have a history of operating in compliance with FCC rules. The FCC, likewise, has not provided further comment on the matter, referring to Chairman Brendan Carr’s previous remarks regarding allegations of discrimination within Disney’s practices.
While the FCC has the authority to challenge broadcasters’ licensing by either declining to renew or revoking licenses, legal experts believe that revocation is unlikely due to the high legal standard required. Revoking a license would necessitate demonstrating severe misconduct on the part of the broadcaster, a burden that the FCC has rarely met in the past.
The FCC could potentially deny renewal of ABC’s broadcast licenses, but this process would involve a lengthy legal battle that could last for years. The agency would need to provide evidence of discriminatory practices within Disney’s diversity policies and present its case before an administrative law judge. Ultimately, the road to revoking or denying renewal of broadcast licenses is a challenging one, requiring a substantial legal basis for the FCC to take such actions. The Federal Communications Commission (FCC) has recently alleged discrimination against Disney, the parent company of ABC, which has raised concerns about the potential impact on ABC station licenses. If the FCC were to pursue action against ABC, each station license would have to be reviewed and could potentially be appealed.
Robert Corn-Revere, chief counsel at the Foundation for Individual Rights and Expression, has expressed skepticism about the FCC’s allegations, suggesting that they may not hold up in a legal challenge. Corn-Revere pointed out that if the FCC’s concerns are related to diversity, equity, and inclusion (DEI) issues rather than programming content, they may not have grounds to target ABC’s licenses. Additionally, he warned that any attempt to intervene in programming decisions could pose a significant threat to the First Amendment rights of ABC and its affiliated stations.
The potential consequences of the FCC’s actions could have far-reaching implications for both ABC and the broader media landscape. Any decision to revoke or challenge ABC station licenses would not only impact the network itself but could also set a precedent for future regulatory actions against other media companies.
As the situation continues to unfold, it will be crucial to closely monitor the FCC’s actions and any potential legal challenges that may arise. The protection of free speech and the First Amendment rights of media organizations will be of paramount importance as this case progresses. Stay tuned for updates on this developing story.
