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The American Civil Liberties Union submitted a Freedom of Information Act (FOIA) request to the FCC for records pertaining to the agency’s decision to require Disney’s eight owned-and-operated ABC stations to renew
their broadcast licenses early.
“[T]his Request concerns whether the government is using its authority to illegally retaliate against broadcasters for saying something the government dislikes, and whether it is attempting to chill protected speech,” the ACLU said in the FOIA request, filed Tuesday. “The publicly released information about why the FCC is asking 8 ABC stations to renew their broadcast licenses early does not seem credible in context, and information about the FCC’s true motivations is not available publicly.”
The FCC in April called for the early review of broadcast licenses for ABC’s eight local TV stations. The agency has said that’s related to holding Disney/ABC accountable to a “public interest” standard and that the review is pursuant to an FCC probe into the media company’s DEI practices. ABC and other critics — including former FCC chairs — have blasted the move as aimed at intimidating broadcasters whose news coverage Trump does not like. In addition, the FCC has initiated a formal review of whether “The View” qualifies for an exemption to the agency’s equal-time rules for political candidates.
In its FOIA request, the ACLU said, “We believe that the FCC’s stated basis for requiring the early license renewal is mere pretext for punishing ABC because the Trump Administration disliked what ABC’s on-air talent had to say. We also believe the FCC and the Trump Administration are trying to send a message to other broadcasters that if they air content the Administration doesn’t like, they could face similar penalties.”
“To provide the American public with information about whether the FCC is using its authority to illegally retaliate against broadcasters’ speech, and attempting to chill protected speech, the ACLU seeks information about the FCC’s motivation for requiring ABC stations to renew their broadcast licenses early through this Request,” the rights organization said in the filing.
Variety has reached out to the FCC and ABC for any comment.
The FCC’s call for early license renewal came one day after Donald Trump and Melania Trump publicly criticized a joke about Jimmy Kimmel made on his show on April 23 (Kimmel said Melania had “a glow like an expectant widow”). On April 27, Melania Trump posted to X that “Kimmel shouldn’t have the opportunity to enter our homes each evening to spread hate… Enough is enough. It is time for ABC to take a stand.” The same day, Trump wrote on Truth Social that “Jimmy Kimmel should be immediately fired by Disney and ABC.” On April 28, the FCC’s Media Bureau issued an order requiring Disney “to file license renewals for all of their licensed TV stations within 30 days.” The station’s licenses were otherwise not due for renewal until between 2028 and 2031.
“The timing of the order would be suspicious enough on its own – but in context of other recent retaliatory action against ABC, there is little doubt about the FCC’s true goals,” the ACLU asserted in the FOIA filing.
In response to past criticism of the FCC’s review of ABC’s broadcast licenses, an agency spokesperson said, “As the agency decision makes clear, the early renewal order is based on a long-running FCC investigation into Disney’s DEI conduct, not any speech.” When Carr was asked at an April 30 press conference at the FCC if the Kimmel joke would play a part in the FCC’s review of the ABC licenses, he responded that Disney is “going to have to come in and demonstrate that they’ve been operating in the public interest.”
The ACLU filing notes that “This isn’t the first time that the Trump FCC threatened regulatory action against ABC over one of Jimmy Kimmel’s jokes.” In September 2026, FCC Chairman Brendan Carr threatened to investigate ABC affiliates unless they took Kimmel’s show off the air (or unless ABC fired Kimmel) after the late-night host made remarks about Charlie Kirk’s murder. Carr said on a podcast, “Look, we can do this the easy way or the hard way… these companies can find ways to … take action on Kimmel or, you know, there’s going to be additional work for the FCC ahead.” In the wake of Carr’s threat, ABC briefly took Kimmel off the air before a public backlash led ABC to reverse course.
The ACLU also alleges that the FCC’s review of “The View’s” equal-time exemption represents “seemingly retaliatory regulatory action against ABC.”
“The Trump FCC’s abuse of power to investigate, threaten, or regulate other broadcasters after President Trump has taken issue with their coverage also indicates that the FCC required Disney-owned ABC stations to renew their licenses early to punish them for their speech,” the organization said in the FOIA request.
For example, on May 28 the FCC issued a “reminder” to broadcasters that their licenses were a “privilege” dependent on operating in the public interest, the ACLU noted. “Prior to the ‘reminder,’ the President had repeatedly called for the revocation of broadcast licenses for broadcasters that he thinks cover him unfairly. In fact, Chairman Carr has publicly stated that his interpretation of the public interest standard takes into account a broadcasters’ viewpoint, stating ‘the public interest means you can’t be running a narrow, partisan circus and still meeting your public interest obligations.’”
“The FCC’s ‘reminder’ ended with a clear threat against those who broadcast content that angers the President — ‘the Commission will not hesitate to exercise its statutory authority to ensure that
broadcasters either fulfill their public interest obligation or provide the privilege of being a
broadcast licensee to someone that will fulfill that duty,’” the ACLU said in the FOIA request.
The ACLU’s FOIA requests asks for the release of records (including internal and external emails, meeting minutes, legal and policy memoranda, guidance documents, instructions, formal and informal presentations) pertaining to:
- The decision to require Disney-owned ABC stations to renew their broadcast licenses early.
- All communications to, from, or among FCC employees or commissioners since January 20, 2025 discussing Disney, ABC, a Disney-owned ABC affiliate, any official of Disney or ABC, Jimmy Kimmel, or staff of Jimmy Kimmel Live!.
- All communications to, from, or among FCC employees or Commissioners since January 20, 2025 discussing complaints from President Trump, Melania Trump, JD Vance, Usha Vance, Susie Wiles, Dan Scavino, Stephen Miller, James Blair, Taylor Budowich, Vince Haley, David Warrington, Steven Cheung, Karoline Leavitt, Robin Colwell, Paige Willey or Ryan Baasch about what was said during an ABC broadcast or referencing a broadcast license.
The ACLU concluded its request, “If the Request is denied in whole or in part, the ACLU asks that you justify all deletions by reference to specific exemptions to FOIA. The ACLU expects the release of all segregable portions of otherwise exempt material.”
A copy of the ACLU’s FOIA request is available at this link.
