Disney's ABC files First Amendment lawsuit against FCC over license review

Disney's ABC has filed a First Amendment lawsuit against the Federal Communications Commission, calling the government agency's recent investigation into the company a "retaliatory campaign" due to the nature of its programming, which has been critical of President Donald Trump.

The broadcast network filed the lawsuit on Tuesday in a district court in Washington, D.C.

It comes months after the FCC launched an early renewal of a set of ABC's broadcast station licenses, citing concerns around the company's diversity, equity and inclusion efforts.

However, that early review process came shortly after renewed political backlash against ABC following comments made by TV host Jimmy Kimmel on his late night show, which airs on the broadcast network. ABC has also faced criticism from the government around its daytime talk show, "The View."

ABC's lawsuit calls for the FCC to halt its early broadcast renewal proceedings.

The FCC didn't immediately respond to a request for comment on the lawsuit.

The agency launched its review of ABC licenses in April, years ahead of their scheduled expiration. ABC shot back in May, saying in filings that it was submitting the applications "under protest in response to an unlawful, arbitrary, and unconstitutional order" from the FCC.

FCC Chairman Brendan Carr told CNBC at the time the agency's focus was on Disney's DEI practices and that the early license renewal was not tied to First Amendment matters.

Carr was appointed by Trump to lead the federal entity meant to regulate the media and telecommunications industry. It began its investigation into Disney's stations last year for possible violations of the Communications Act of 1934 and the FCC's rules regarding its prohibition on unlawful discrimination.

On Tuesday, ABC said it "continues to face irreparable harm" from the administration, which "has been acting" through the FCC.

Last week, Disney CEO Josh D'Amaro doubled down on the company's position in a CNBC interview.

"I think you saw in our FCC filings our position on this is clear," D'Amaro told CNBC's Julia Boorstin at the time. "We're very principled on this. We're going to stand up to what we believe is journalistic and integrity, and we're not going to be told how to run that side of our business."

D'Amaro took over as CEO in March from longtime Disney chief Bob Iger.