ABC claims that the FCC's efforts to limit its free speech are designed to evade judicial review.

ABC, in a new filing in its First Amendment complaint against the FCC, alleges that the agency's early license renewal request for its local television stations was made in a way that circumvented "judicial review." On August 18, ABC sued the FCC and its Trump-appointed chairman, Brendan Carr, alleging that the commission was taking "an extraordinary action [...]

ABC, in a new filing in its First Amendment complaint against the FCC, alleges that the agency's early license renewal requests for its local television stations were made in a way that circumvented "judicial review."

On August 18, ABC sued the FCC and Trump loyalist Brendan Carr, alleging that the commission made an "extraordinary attack" on its First Amendment rights by threatening to revoke the broadcast licenses of eight owned and operated stations. The FCC insists that its order requiring ABC to apply for an early license renewal stemmed from the agency's investigation into alleged diversity, equity and employment practices at Disney and ABC. Related stories "The Boss Simpsons" season one guest stars Emma Thompson and Colin Jost. 'Treehouse of Horror' spoilers; Jack in the Box Easter egg and video update

At an Oct. 6 hearing, Judge Loren AliKhan of the US District Court for the District of Columbia, which is hearing the case, ordered the FCC to file a supplemental filing "on the list of alternative means to compel discovery" in its DEI investigation of Disney and ABC other than the initial license renewal. Popular in Variety

On Monday, ABC responded to the FCC's filing. The FCC had argued at the hearing that "the license renewal process is not about the licenses," but rather an attempt to address what they claim is a discovery deficiency," in the DEI investigation, the network says in the launch. "But their supplemental report only confirms what they admitted at the hearing: There are "a number of different tools" that the agency could have used to address the alleged lack of discovery.

"These are not merely ``theoretical[]' tools...they have been used by the agency for decades," ABC continued. Yet the agency didn't try any of those less intrusive tools here, instead taking the unprecedented step of calling for early license renewals for all eight ABC-owned stations simultaneously. The defendants' own admissions leave no doubt as to why—the defendants sought to exert maximum coercive pressure on a media company whose speech the government sought to suppress, while deliberately avoiding judicial review.

ABC previously said it produced more than 11,000 pages of responsive documents in the FCC's DEI investigation "on a mutually agreed schedule" and that the agency's enforcement office "never suggested that its existing tools were inadequate for whatever was being investigated."

The FCC explained to the court that using an administrative subpoena or monetary seizure order to compel Disney and ABC to produce documents in the DEI investigation would require the Trump administration to seek enforcement in federal court.

"That Defendants openly describe judicial review as a barrier demonstrates what Plaintiffs have always said: shielding their illegal campaign against ABC from judicial review is part of Plaintiffs' retaliatory strategy," ABC said in its filing.

Meanwhile, the FCC eliminated several other tools at the agency's disposal to address possible discovery flaws in the DEI investigation, ABC reported. First, the agency can issue cease-and-desist orders requiring a party to comply with FCC rules or orders. Second, the agency can issue formal or informal warnings that threaten consequences if the violation is not remedied. And third, the FCC can negotiate a consent decree with the broadcaster to remedy any violations and resolve an enforcement issue.

A ruling is expected after the court reviews additional cases.

The FCC's April 2026 order requiring ABC to apply for early license renewals for its television stations came a day after Donald Trump and Melania Trump publicly criticized Jimmy Kimmel's joke on his show (Kimmel said Melania had a "glow like a waiting widow") — and Trump called on ABC to fire Kimmel.

On April 28, the FCC's Office of Media issued an order requiring Disney to "submit license renewals for all of its licensed television stations within 30 days." Otherwise, the station's licenses would not have been renewed between 2028 and 2031. When Carr was asked at an April 30 press conference at the FCC whether the Kimmel prank played a role in the FCC's review of ABC's licenses, he replied that Disney "has to come in and show that they're in the public interest."

Separately, the FCC earlier this year began a formal review of whether ABC's daytime talk show "The View" qualifies for an exemption from the agency's equal time rules for political candidates. In July, Carr said the FCC would consider ABC's decision not to air President Trump's speech on US election security live as part of an initial review of its broadcast licenses.

However, according to the FCC, none of these issues prompted the commission to initiate a preliminary review of ABC's licenses. In its request to dismiss ABC's lawsuit, the FCC said it announced its investigation into Disney and ABC's DEI actions "long before any of the statements about 'The View,' Jimmy Kimmel, or President Trump's July 2026 public address that the plaintiffs center their narrative in this case."