President Donald Trump has made no secret of his contempt for ABC. He's publicly demanded changes, called for Jimmy Kimmel's firing, and repeatedly raised the possibility of pulling broadcast licenses.
So when ABC and Disney sued the FCC Tuesday, accusing the Trump administration of retaliation, the press didn't have to work very hard to connect Trump to the fight.
Disney said in a lawsuit filed in U.S. District Court in Washington that the FCC was seeking to coerce and retaliate against "a network that refuses to bow to the administration's demands," calling the agency's actions an "extraordinary assault on free speech."
Trump has waged an aggressive series of attacks on the news media and the latest move follows a two-year-long battle between Trump and Disney. Last month, Trump again called for ABC stations to lose their licenses because the network refused to air a prime-time speech on elections.
The court case will pose a key test of the free speech rights of media outlets.
Disney and ABC asked the court to quickly issue a temporary restraining order halting the license renewal proceedings and preventing the FCC from scheduling a hearing. The company said the public comment period ended earlier this month and the FCC could act at any time.
The lawsuit alleges that the administration is violating the company's First Amendment free speech rights, saying that the FCC "is using its regulatory power to retaliate against (Disney and ABC) for programming and editorial decisions the administration dislikes."
The FCC said the move stemmed from a year-long investigation into whether Disney's diversity policies amounted to unlawful discrimination, an allegation the company denies.
U.S. District Judge Loren AliKhan issued an order on Tuesday directing the company and the FCC to propose a schedule for considering the request for a temporary restraining order and told the agency to notify her if it moves to start the process of revoking the ABC licenses.
ABC's eight owned stations were ordered to seek early license renewals years ahead of their normal schedules. FCC Chairman Brendan Carr says the order grew from an investigation opened in 2025 into allegations that Disney violated federal employment discrimination rules. He says the FCC hasn't reached any conclusions about those allegations. ABC says the investigation has become a weapon against speech the administration dislikes.
Here comes the Referee Test.
The reaction to Trump quickly moved beyond criticism of government conduct. An April television segment discussing the Kimmel dispute told viewers that when political leaders try to silence comedians, we're usually talking about "authoritarian regimes."
ABC now calls the FCC campaign an extraordinary assault on free speech and an existential threat to the network.
Nobody should shrug at government pressure on the press. Trump also handed his critics ammunition by publicly demanding consequences for broadcasters whose programming he despises.
Now, let's change presidents.
In 2013, Barack Obama's Justice Department secretly obtained two months of telephone records covering more than 20 phone lines used by journalists and offices. The haul included work numbers, personal numbers, and lines used in the House press gallery.
More than 100 journalists worked in offices touched by the records seizure. By then, the Obama administration had brought six leak cases, more than all previous presidents combined.
Then came James Rosen. Federal investigators pulled his security badge records, phone logs, and personal emails while investigating a classified leak. The government portrayed ordinary newsgathering behavior as evidence that Rosen could be an aider, abettor, or co-conspirator. Then-Attorney General Eric Holder personally approved the search warrant involving Rosen's email.
Rosen was never charged.
The press criticized Obama's administration, sometimes fiercely, which shows how far the press has fallen. Yet one revealing piece from the time questioned how much of the AP seizure could even be traced personally to Obama and noted that he apparently didn't know about the subpoenas. The conduct was terrible, but the distinction between the president and his Justice Department remained part of the discussion.
Trump deserves less separation because he has personally and publicly demanded action against broadcasters. Give the referee that call.
But the whistle sounds different.
Obama's government secretly seized journalists' records and treated a reporter's routine pursuit of information as possible criminal conduct.
Trump's FCC has ordered an early regulatory review that ABC is challenging in court. No ABC license has been revoked.
If one earns comparisons to authoritarian regimes, what vocabulary should the other have earned?
A referee can penalize both teams. What he can't do is reach for a yellow flag when Obama's government searches reporters' records, then sound the stadium siren when Trump opens his mouth.
Again. Trump. Worst. Tyrant. Ever.
If you enjoy columns that put political coverage under the same rules no matter who holds power, PJ Media VIP is 60% off with promo code FIGHT. Join us and help keep independent conservative journalism on the field.
Join the conversation as a VIP Member