early review

Walt Disney Co.’s ABC is forcefully resisting Federal Communications Commission efforts to soften the network’s programming, accusing the federal agency of an overreach that violates 1st Amendment freedoms.

Last week, the FCC took the unusual step of calling in the licenses of eight Disney-owned television stations for early review. The move — widely interpreted as an effort to chill the network’s speech — came a day after President Trump demanded that ABC fire late-night talk show host Jimmy Kimmel over a joke about First Lady Melania Trump.

The FCC separately has taken aim at ABC’s daytime discussion show, “The View,” which delves deeply into politics.

The FCC has questioned whether the show, which prominently features Trump critics Whoopi Goldberg and Joy Behar, could continue toclaim an exemption to rules that require broadcasters to provide equal time for opponents of political candidates.

In its filing this week with the FCC, Disney’s Houston television station raised the stakes in the dispute over “The View,” calling the commission’s actions “unprecedented” and “beyond the Commission’s authority.” The ABC station’s petition for a declaratory ruling said “The View,” has long qualified as a “bona fide” news interview program with freedom to conduct interviews of legally qualified political candidates.

“The Commission’s actions threaten to upend decades of settled law and practice and chill critical protected speech, both with respect to The View and more broadly,” the Houston station KTRK-TV said in the filing.

The network’s firm stance sets up a clash with the Trump administration, including the president’s hand-picked FCC Chairman Brendan Carr, who has made no secret of his disdain for Kimmel and other ABC programming. Earlier this year, Carr announced that decades-old exemptions from the so-called “equal time rule” for news programs, including “The View,” were no longer valid.

ABC’s strenuous arguments mark a departure for the Disney-owned outlet.

In December 2024, a month after Trump was elected to a second term, the network quickly settled a lawsuit over statements made by news anchor George Stephanopoulos that Trump found offensive. ABC agreed to pay Trump $15 million to end his legal fight — sparking an outcry among free speech advocates, who accused the network of caving on a case it could have won.

“Some may dislike certain—or even most—of the viewpoints expressed on The View or similar shows,” the station said in its filing. “Such dislike, however, cannot justify using regulatory processes to restrict those views. The government does not get to decide ‘what shall be orthodox in politics, nationalism, religion, or other matters of opinion.’”

The station noted that, while the FCC has questioned the exemption for “The View,” which dates back to 2002, the FCC hasn’t showed interest in regulating programs on other networks, “including the many voices — conservative and liberal — on broadcast radio.”

“The danger is that the government will simply decide which perspectives to regulate and which to leave undisturbed,” ABC said.

On April 28, Carr called for a review of Disney’s broadcast licenses two years before any of them were set to expire, citing the agency’s year-old inquiry into Disney’s diversity, equity and inclusion policies and whether they violated federal anti-discrimination rules.

The Federal Communications Commission is considering an early review of the Walt Disney Co.’s broadcast TV licenses amid criticism of ABC late-night host Jimmy Kimmel’s provocative jokes ahead of the White House Correspondents’ Assn. dinner.

The order could come as soon as Tuesday, according to Semafor, which first reported that the review is expected. The licenses for ABC’s stations — which include KABC in Los Angeles — were not scheduled for renewal until 2028.

Disney has not commented on the possibility of a review.

The move was likely in the works before the latest kerfuffle over Kimmel, who is under fire for a comedic bit that satirized the annual Washington gala that Trump attended for the first time. FCC Chairman Brendan Carr, who has targeted the political content on the ABC daytime talk show “The View,” told The Times on Saturday that an action related to ABC programming was coming this week.

Carr has suggested “The View” should not be exempt from the FCC’s equal time rule that requires broadcasters to bring on a politician’s rival to provide balanced coverage and multiple viewpoints.

Carr, who was at the Saturday dinner, made the remark just hours before the event was shut down after a Torrance man breached security at the Washington Hilton while armed with a shotgun, handgun and several knives. The suspect, Cole Tomas Allen, was arrested and faces three criminal charges, including attempting to assassinate President Trump.

Right-wing commentators have gone into heavy rotation with the claim that a routine by Kimmel inspired Allen to act.

During the bit that aired Thursday, a tuxedo-clad Kimmel called First Lady Melania Trump “beautiful,” saying she had “the glow of an expectant widow.” The comic explained Monday that the gag was a reference to the age difference between Trump and his wife.

“It was a very light roast joke about the fact that he’s almost 80 and she’s younger than I am,” Kimmel said. “It was not, by any stretch of the definition, a call to assassination. And they know that.”

Since becoming FCC chairman last year, Carr has repeatedly threatened to use the levers of power he has to punish TV and radio stations that irritate Trump. His behavior has alarmed free speech advocates, including the FCC’s lone Democratic appointee Anna Gomez, who noted that early station renewal reviews are exceedingly rare and largely futile.

“This is unprecedented, unlawful, and going nowhere,” Gomez said in a statement. “It is a political stunt and it won’t stick. Companies should challenge it head-on. The 1st Amendment is on their side.”

Other White House administrations have threatened to pull TV station licenses in response to negative news coverage. At the height of the Watergate scandal in the 1970s, Richard Nixon’s allies unsuccessfully attempted to challenge the TV licenses for three stations owned at the time by the Washington Post.

RKO General, a unit of the General Tire and Rubber Co., was the last company to lose broadcast TV station licenses in 1987, including Los Angeles outlet KHJ. The case was related to corporate malfeasance and not broadcast content on the stations.

The process to revoke the RKO licenses took seven years from the moment the FCC voted in favor of the move.