The Federal Communications Commission ordered an accelerated license review for eight of Walt Disney Co.'s ABC television stations, escalating a conflict that intertwines regulatory oversight with political speech and creating significant uncertainty for the media giant.
"The First Amendment and the FCC’s mandate do not permit the agency to use broadcast licenses as weapons to punish broadcasters for constitutionally protected content they air," Seth Stern, Chief of Advocacy at the Freedom of the Press Foundation, said in a statement.
The FCC's order, which moves up renewal deadlines from as late as 2031 to May 28, officially stems from a year-long investigation into Disney's diversity, equity, and inclusion (DEI) practices. However, it comes just days after the White House called for ABC to fire late-night host Jimmy Kimmel for a joke about First Lady Melania Trump made days before an assassination attempt on the President.
The move forces Disney into a costly and lengthy regulatory battle years ahead of schedule, creating uncertainty for its broadcast division which includes major market stations in New York, Los Angeles, and Chicago. While legal experts believe a license revocation is unlikely, the FCC's action sets a precedent that could intimidate media outlets from criticizing political leaders.
The FCC's action is officially linked to an investigation started last year into Disney's DEI programs for potential violations of the Communications Act of 1934. The agency stated that after two inquiries, it determined an early license review was "essential" to its investigation. Disney maintains it is in "full compliance with FCC rules."
The timing, however, is notable. The order was issued shortly after a political firestorm erupted over a joke made by Kimmel on his April 23 show. During a monologue, Kimmel joked that Melania Trump had "a glow like an expectant widow." Following an assassination attempt on President Trump at the White House Correspondents' Dinner two days later, the White House called for Kimmel's dismissal, with a spokesman accusing him of "making a disgusting joke about assassinating the President."
Kimmel defended the remark as a joke about the age difference between the President and First Lady and not a call for violence. The incident has drawn strong condemnation from free speech advocates, who see the FCC's move as retaliatory.
"A government that seeks revenge and punishment against those who dare to criticize it does not stop on its own. It stops when we refuse to comply," said the Committee for the First Amendment, a group including actors and writers.
Anna Gomez, the lone Democratic commissioner on the FCC, warned against using the assassination attempt as a "pretext for silencing speech." Jameel Jaffer, executive director at the Knight First Amendment Institute, said the agency has "no authority to cancel broadcasters’ licenses because of their perceived political views."
Disney must now submit renewal applications for the eight stations, which include WABC-TV in New York and KABC-TV in Los Angeles, by May 28. This will trigger a multi-stage administrative process that could take months or years to resolve. The company has stated it is "confident" its record demonstrates its qualifications as a licensee. The early renewal power has not been used against a major broadcaster in decades, making this a closely watched case across the media industry.
This article is for informational purposes only and does not constitute investment advice.
