The U.S. Federal Communications Commission has requested that a federal judge “toss out” Disney’s lawsuit regarding the ABC TV station license. The request came on Thursday, September 3rd, according to NBC.

©ABC

The lawsuit is seeking to block the agency’s early review of ABC licenses. The FCC has said that if Disney wins this suit, it would “prevent the commission from analyzing evidence in its ongoing investigation.” They also wrote it would impact the agency’s “efforts to investigate and resolve serious allegations that Disney has engaged in unlawful discrimination.”

The early review would impact Disney’s eight company-owned ABC stations. This case is being considered a “test of free speech rights for broadcasters.” The suit comes after President Donald Trump has repeatedly called for ABC to lose its license due to select programming. The issue has been ongoing after FCC Chair Brendan Carr ordered an early review of the license despite the fact that renewals were not supposed to occur until October 2028.

©FCC

According to NBC, this is the first time the FCC has ordered an early renewal in more than 50 years. Carr later said he has not made a decision on whether the FCC was going to refer Disney’s license for a hearing. The review order came after President Trump urged ABC to fire last-night host Jimmy Kimmel.

©ABC

U.S. District Judge Loren AliKhan, who is located in Washington, has a hearing on the lawsuit scheduled for October 6th. The FCC has agreed to give at least 48 hours’ notice before issuing an order for a public hearing regarding Disney’s ABC licenses. The FCC has also said this case should be before a federal appeals court in Washington instead of a district court.

©The Walt Disney Company

If the FCC were to pull Disney’s ABC license, it would mean ABC could no longer use public airwaves. License revocations are “extremely rare,” but the threat of losing the license can put pressure on broadcasters to report a specific way based on the FCC’s desires. This is why this particular case is considered a test of free speech. Disney declined to comment after the FCC’s request. In Disney’s filing, it stated that the FCC is “seeking to coerce and retaliate against a network that refuses to bow to the ⁠administration’s ​demands.”

©Disney

Disney later called the agency’s actions an “extraordinary assault on free speech.” At D23 in August 2026, Disney CEO Josh D’Amaro spoke on the situation, saying, “Our position on this is clear. We’re very principled on this. We’re going to stand up to what we believe is journalistic integrity.” He later said that the company would not be told how to run that side of the business.

Josh D’Amaro

The company has been at odds with the FCC and the President for months, including claims that Disney has “engaged in illegal DEI discrimination for over a year.” This story is continuing to develop. Be sure to keep following DisneyFoodBlog for more.