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Editorial decisions at ABC News are being influenced by the Federal Communications Commission’s early license review of its TV stations, the network’s legal team told a U.S. District Court judge Tuesday.

The Disney-owned network is seeking a restraining order to stop the FCC’s action, which its attorneys said was unprecedented and an attempt by the Trump White House to chill free speech.

Disney attorney Beth Wilkinson said the FCC’s action is having an impact on ABC News coverage in the weeks leading up to the midterm elections, as the network tries to avoid further action from the agency that regulates over-the-air broadcast TV licenses.

“We are making different editorial decisions,” Wilkinson said during the court hearing in Washington. “We are watching everything that we do because every time we do something — even not broadcasting this presidential speech — brings out the anger in the administration and the retaliation from the agency.”

Wilkinson was referring to President Trump’s frustration over ABC’s decision not to air his July 16 speech about voter fraud. The network chose to run it on its news streaming platform. FCC Chairman Brendan Carr criticized the move and said it would be considered in the license renewal process.

Wilkinson cited Carr’s complaint as an example of how the review is being driven by Trump’s unhappiness over the network’s coverage across its news programs, its late-night show “Jimmy Kimmel Live” and its topical daytime chat show “The View.” The FCC’s action, she said, is the administration “retaliating with their government power against ABC’s right to protected speech.”

Assistant U.S. Atty. Dimitar P. Georgiev argued for the FCC that ABC is trying to avoid the commission’s regulatory process by taking the case to the U.S. District Court. Georgiev said the license renewal was initiated because of a dispute over documents in the commission’s investigation into alleged discriminatory hiring practices at Disney.

Judge Loren L. AliKhan did not issue a ruling. She asked the FCC to provide further documentation on its claim. Disney will have until Oct. 14 to respond.

Trump has frequently threatened to have TV station licenses pulled when he believes he is treated unfairly on news and talk programs. He has also successfully extracted multimillion-dollar settlements from CBS and ABC after suing the networks over news content he said had treated him unfairly.

ABC is the first network to take the FCC to court over the threats.

Wilkinson noted that Carr said during a visit to Trump’s Mar-a-Lago Club in Palm Beach, Fla., that “broadcasters that are running hoaxes and news distortions, also known as fake news, have a chance now to correct course before their license renewals come up.” 


The licenses for eight ABC-owned TV stations, including KABC in Los Angeles, were originally scheduled for renewal between 2028 and 2031.

Carr has said ABC’s daily talk show “The View” should not be exempt from the FCC’s equal time rule that requires broadcasters to bring on opposing candidates to provide balanced coverage. Wilkinson noted that the program — which was given the exemption in 2002 — has avoided using clips of politicians during its popular “Hot Topics” segment at the top of the program.

Carr also said earlier this year that stations could be subject to discipline if they “don’t operate in the public interest” after criticisms from the White House about coverage of the Iran war.

Carr called for the ABC license review in April, days after Kimmel delivered gags about the White House Correspondents’ Assn. dinner attended by Trump for the first time as president and described First Lady Melania Trump as having a “glow like an expectant widow.”

The satirical remarks drew criticism after a man later breached security at the Washington Hilton event while armed with a shotgun, handgun and several knives. The dinner was cut short and rescheduled.

The Federal Communications Commission on Thursday granted Paramount Skydance’s request to allow Middle Eastern royal families to hold a substantial stake in a merged Paramount-Warner Bros. Discovery.

The sovereign wealth funds of Saudi Arabia, Qatar and Abu Dhabi are slated to indirectly own nearly 50% of the equity in David Ellison’s proposed mega-studio, Paramount-Warner Bros. That will give them a hefty stake in CBS, CNN, Comedy Central, HBO and two historic Hollywood film studios.

Ellison needed FCC approval because the deal will change the ownership structure of CBS.

As part of the Communications Act of 1934, Congress placed restrictions on foreign ownership of broadcast outlets because of concerns about national security. Current rules prevent foreign investors from owning more than 25% of a company that holds a U.S. broadcast license — unless the FCC determines that foreign ownership would serve a public interest.

CBS owns more than two dozen TV stations with FCC licenses, including KCBS-TV Channel 2 and KCAL-TV Channel 9 in Los Angeles.

“Upon review of [Paramount’s] Petition and consideration of the record of this proceeding, we find that the public interest would be served by granting the Petition,” FCC said in its ruling, noting that Paramount has said the proposed ownership changes would “not result in a transfer of control of Paramount.”

Instead, “Ellison family will retain a majority of the voting interests and control of Paramount,” the FCC said.

FCC Chairman Brendan Carr, an appointee of President Trump, has been supportive of Paramount’s takeover of Warner Bros. Trump and his lieutenants, including Defense Secretary Pete Hegseth, have been cheering for Ellison to control CNN, a Warner property.

Anna M. Gomez, the lone Democratic FCC commissioner, slammed the agency’s decision, saying it “just let some of the most repressive governments in the world indirectly control nearly all of a combined Paramount-Warner Bros.”

“An investment this large in one of America’s biggest media companies doesn’t just buy equity, it secures influence over what gets said and what gets made,” Gomez said. “That’s why I called for this new and novel issue to go to a full commission vote given what’s at stake. Instead, the FCC snuck this ruling out as a staff-level decision, with no public vote and no accountability for a call of this magnitude.”

Ellison’s billionaire father, Oracle co-founder Larry Ellison, in February agreed to personally guarantee the $47 billion in equity needed to buy out Warner Bros. Discovery’s existing shareholders for $81 billion. Ellison and longtime Skydance investor, RedBird Capital Partners, then entered into agreements to assign some of their purchase rights to the sovereign wealth funds.

The funds plan to invest $24 billion in the Paramount-Warner deal. Saudi Arabia’s Public Investment Fund is set to contribute $10 billion while the Qatar Investment Authority and Abu Dhabi’s L’imad Holding Co. will separately add $7 billion.

Paramount has separately lined up debt financiers to help pull off the leveraged buyout of Warner Bros. Discovery — Hollywood’s biggest merger in decades. The deal has been stalled by an antitrust challenge brought by California Atty. Gen. Rob Bonta and 11 other Democratic attorneys general, representing such states as New York, New Jersey, Colorado, Nevada and Oregon.

The foreign ownership rule was adopted nearly a century ago because members of Congress wanted to make sure that hostile foreign players were barred from using U.S. airwaves to spread propaganda, particularly in times of war.

“We appreciate the FCC’s careful review and are pleased that it has granted Paramount’s petition,” Paramount said in a statement, adding the Trump administration’s Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector had separately recommended approval of the deal, subject to several conditions to protect the data of the company’s U.S. based consumers.

Paramount said that, once the deal closes, the Ellison family and RedBird would “collectively hold the largest equity stake in the combined company and 100% of the voting shares, with no other equity participant having any governance rights.”

Paramount has two classes of stock — an ownership structure that will be replicated in a merged Paramount-Warner Bros.

The Ellison family owns 77.5% of Paramount’s voting Class A common stock. RedBird indirectly holds the remaining 22.5% of the Class A shares. The Ellison family separately has 40% of the non-voting Class B shares.

“At a time when the media industry faces unprecedented competitive pressure from dominant big tech companies, a combined Paramount-WBD will have the scale and resources necessary to compete, invest, innovate, and deliver premium content to audiences worldwide,” Paramount said in its statement.

The video is titled “Jimmy Kimmel’s Interview With James Talarico That the FCC Doesn’t Want You to See.”

It was posted Thursday night on the “Jimmy Kimmel Live!’s” YouTube page. By 10 a.m. Friday, the video had gained more than 2.7 million views — and the interview hadn’t aired on the show’s network, ABC.

“… We are being targeted by the FCC for the crime of interviewing political candidates,” Kimmel says in the YouTube clip. “Even though for years we, and every other late-night talk show, have welcomed numerous candidates, including Donald Trump when he was running. He was on this show two times. [Trump’s] FCC has threatened me, threatened our show, threatened our network, ABC, our affiliates, our local stations, because they want to make our editorial decisions for us, which of course, we cannot accept.”

The host continued: “Tonight we are bypassing the public airwaves and hosting this interview on YouTube, even though our government would clearly prefer we not do it at all.”

The late-night host moved his interview with the Democratic candidate for U.S. Senate in Texas online to sidestep new Federal Communications Commission policy regulations.

Kimmel said earlier in the week that the FCC had “threatened” his show.

“For the whole 20-plus years of our show, in fact, I’ve been interviewing Americans who are running for office with no problem,” Kimmel said during Wednesday’s ABC broadcast. “Something has changed,” he said.

The change Kimmel was referring to involves the Communications Act’s “equal opportunities” requirement. It states that if a broadcast station features a qualified political candidate, it must provide equal airtime to an opposing candidate. Daytime and late-night talk shows have long operated under a “bona fide news program” exemption that shielded them from the equal time rule.

But under new guidance from the FCC Media Bureau, which is overseen by Donald Trump appointee Brendan Carr, talk shows may no longer qualify for the news exemption if their candidate interviews are determined to be motivated by partisan purposes.

In short, political bias is in the eye of the FCC beholder, and it has been focused on shows like “Kimmel Live!” and “The View,” which voice criticism of the president. The FCC has ordered early license reviews for several Disney-owned ABC stations. ABC has accused the Trump administration of trying to chill free speech.

FCC Commissioner Anna Gomez, who is the commission’s only Democrat, said Thursday in a statement that Kimmel’s choice to move Talarico’s interview to YouTube “shows just how far this Administration’s campaign of censorship and control has gone.”

The YouTube summary of the Kimmel/Talarico interview reads as follows: “Jimmy’s interview with Democratic Senate candidate from Texas James Talarico was not televised because of threats from the FCC so we’re hosting their discussion here on YouTube. James talks about Republicans being scared of him winning, Jesus being co-opted by MAGA, the RNC Convention being held in Texas, not taking money from corporate PACs, Trump calling him a ‘freaky guy’ and having second thoughts about endorsing his opponent Ken Paxton, and the GOP making it harder for people to vote.”

Assistant White House Press Secretary Davis Ingle accused Kimmel of “play acting” and “creating a false narrative about this administration’s policies,” in a statement Thursday. “Chairman Carr has not threatened him regarding interviewing James Talarico, or any other candidate,” Ingle said. “Any media outlet blindly amplifying Kimmel’s egocentric delusion should insist on proof. Of which they will find none.”

Unless they spend 10 seconds on Google, where there’s ample proof.

During a February taping of “The Late Show With Stephen Colbert,” Colbert told his studio audience that CBS lawyers had prohibited him from broadcasting an interview with Talarico, or even mentioning the cancellation on television, following threats from the FCC.

“[Talarico] was supposed to be here, but we were told in no uncertain terms by our network’s lawyers, who called us directly, that we could not have him on the broadcast,” Colbert said.

CBS denied they stopped “The Late Show” from airing the interview, which was instead posted on the show’s YouTube page.

Within months, “The Late Show” was canceled after 33 years on the air. Its final broadcast was May 21.

During Kimmel’s interview with Talarico, the host pointed out that it wasn’t the first time an interview with Talarico had been “demoted” from network television to YouTube. He asked his guest, “Why are they so scared of you?”

“They’re worried that we’re going to win this race in Texas,” Talarico said about running against Republican Ken Paxton.

The race will be decided in November.

“We’re not just going up against the most corrupt politician in Texas,” Talarico said. “We’re going up against this entire corrupt system.”

ABC comedian Jimmy Kimmel’s interview with Texas Senate candidate James Talarico won’t air on broadcast television amid the network’s high-stakes skirmish with the Federal Communications Commission.

Kimmel, during his Wednesday night monologue, said his talk with the 37-year-old Texas Democrat would instead stream on his show’s YouTube channel — depriving ABC viewers and TV stations of a potentially newsworthy interview with Talarico, who has been surging in the polls.

The Texas race is shaping up as a key contest in what could help decide control of the U.S. Senate in the mid-term elections.

Talarico is running against Texas Republican Atty. Gen. Ken Paxton, who has been endorsed by President Trump.

Kimmel alluded to the Walt Disney Co. network’s ongoing dispute with FCC Chairman Brendan Carr as the reason for the switch. This spring, Carr’s Media Bureau ordered ABC to submit to an early review of its TV station licenses for Disney’s eight owned stations. The FCC launched the review a day after President Trump demanded Kimmel be fired after First Lady Melania Trump became upset over a joke the comedian told on his program, “Jimmy Kimmel Live!”

ABC has since sued the FCC, alleging Trump’s disdain for Kimmel and other ABC programs has fueled the FCC’s heavy-handed approach to the network, in violation of its 1st Amendment rights.

Kimmel pointed to the “unusual circumstances” in his monologue.

“For the whole 20-plus years of our show, in fact, I’ve been interviewing Americans who are running for office with no problem at all, just like [David] Letterman did, [Jay] Leno did, Arsenio [Hall], etc. etc.,” Kimmel said. “I’ve interviewed a lot of political candidates — from Hilary Clinton to Ted Cruz to Donald Trump.”

But, Kimmel said that in the current climate, airing the Talarico interview on the public airwaves carried too much risk.

“Out of consideration for our local stations, especially our ABC affiliates in Texas who would have to deal with this nonsense,” the ABC interview, which was scheduled for Thursday, would instead play on YouTube, he said.

ABC declined to comment. An FCC spokesperson did not immediately respond to a request for comment.

The issue surfaced nearly one year after a major dust-up when ABC temporarily benched Kimmel after comments he made on his show over the shooting of conservative activist Charlie Kirk. During that episode, Carr seemed to threaten Disney by saying that Kimmel should be punished.

“We can do this the easy way or the hard way,” Carr said. “These companies can find ways … to take action … on Kimmel or there is going to be additional work for the FCC.”

Two station groups removed Kimmel’s show, but ABC eventually stood by the comedian returning him to his perch the following week.

The Disney-owned station licenses were not set to expire for several years when the FCC demanded that Disney defend its stewardship of the outlets. The license for Disney’s KABC-TV Channel 7 in Los Angeles extends to 2030 but it is now being challenged.

The Burbank giant has asked a federal judge to issue a temporary restraining order and injunction to halt the FCC’s early station review.

ABC also is defending against an FCC probe into whether its daytime talk show, “The View,” should be entitled to an exemption from the so-called equal-time rule for political candidates who appear as guests.

Carr has challenged the status of “The View,” arguing that the topical chat show is not a bona fide news program and, thus, should not be entitled to the exemption.

The same issue tripped up former CBS late night comedian Stephen Colbert who interviewed Talarico in February — before his program, “The Late Show with Stephen Colbert, was canceled.

At the time, Colbert told viewers CBS lawyers forbid him from airing a Talarico interview on his program due to the FCC’s increased scrutiny of exemptions to the equal-time rule, an allegation that CBS disputed.

But Colbert’s interview played on the program’s YouTube channel — not the CBS network.

The FCC has said it was investigating ABC stations over whether the company’s diversity and inclusion policies are in violation of the Communications Act of 1934 and the agency’s rules, including its “prohibition on unlawful discrimination.”

Last week, the FCC asked a federal judge in Washington to dismiss ABC’s 1st Amendment lawsuit, calling Disney’s challenge to the early review “meritless” because the commission hasn’t made a decision on whether to escalate the matter or rescind Disney’s station licenses.

Kimmel ended his monologue, saying he was grateful for the YouTube channel “because in the America we live in right now, that is the best that we can do until November.”