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Disney Files ABC License Renewals 'Under Protest,' Calls FCC Order Unconstitutional and 50-Year First

Disney Complied. Disney Is Also Fighting.
Disney met Thursday's FCC deadline. All eight ABC broadcast station renewal applications filed — on time.
But Disney is not conceding. Every single filing came stamped with the words "under protest in response to an unlawful, arbitrary, and unconstitutional order."
The filings include heavy legal language signaling the company is preparing for a court fight.
What's New Here
Disney's formal filings contain striking language about the FCC's enforcement approach. According to CNBC, Disney's New York station WABC wrote that the FCC "had not demanded early renewal in over five decades" and had "never before demanded simultaneous license renewal applications from a group of stations commonly owned with a network."
This marks the first time in 50 years the FCC has used this enforcement tool. FCC Chairman Brendan Carr just invoked it — and directed it at one company.
The Los Angeles Times reported that WABC's filing called the order "legally indefensible" and said the "only plausible reason" for it was to "punish the station for speech the government does not like."
Disney's lawyers are directly accusing the federal government of retaliating against protected speech.
The First Amendment Argument, In Disney's Own Words
The Wrap obtained the core language from the filings. Disney argued the FCC's order "is plainly incompatible with the First Amendment" and that its "true purpose and inescapable effect is to suppress speech."
The filing went further: "Simultaneously forcing every station in a media company's portfolio to file premature license renewal applications is not a regulatory tool. It is an extraordinary demonstration of power and coercion directed at disfavored editorial voices."
And then this line — which every other broadcaster in America should read carefully: "This is a threat to the First Amendment that this Commission and this proceeding must not be permitted to normalize."
Disney is arguing this isn't just about ABC. It's about what every broadcaster will face when they know one tweet from the president can trigger a federal license review.
What Carr Said
Earlier Thursday, FCC Chairman Brendan Carr issued a public notice reminding broadcasters of their "public interest obligations," according to The Wrap. Carr has maintained the early review is tied to an investigation into whether Disney's DEI policies violate federal anti-discrimination law — not political retaliation.
Carr's position: this is a legitimate regulatory inquiry under the Communications Act of 1934.
The timing complicates that argument. The FCC began investigating Disney last March over DEI concerns. By April, they decided "further action was needed." The decision to ramp up came right after Jimmy Kimmel made a joke about Melania Trump on ABC's airwaves — and Trump publicly demanded action.
If Carr's DEI investigation is legitimate on its merits, the White House publicly directing anger at Kimmel is the worst possible backdrop for it. The administration handed Disney its First Amendment argument.
What Mainstream Media Is Missing
Left-leaning outlets are framing this almost entirely as a press freedom story — which it partly is. But they're glossing over the fact that Disney has real exposure here. The FCC's DEI investigation has legal teeth under the Communications Act. If Disney's policies can be shown to constitute discriminatory hiring practices, that's an actual regulatory violation — separate from any political motivation.
The merits of the DEI investigation and the political motivation question are two different issues. Both can be true simultaneously. Disney can be right that the timing is retaliatory and still have compliance problems worth reviewing.
Right-leaning media, meanwhile, is largely treating this as a victory lap — government finally pushing back on corporate media. That framing ignores a basic principle: the federal government using broadcast license threats to pressure editorial decisions is dangerous no matter which network is in the crosshairs. Fox News holds broadcast licenses too. This precedent doesn't stay pointed in one direction.
Meanwhile: Disney Is Also Lying to Its Customers
Separate story, same company, same day.
Business Insider reported — based on an internal Disney memo obtained by Engadget — that Disney plans to shut down the standalone Hulu app entirely and migrate everything into Disney+, potentially by end of 2026.
This comes weeks after Disney publicly stated that "All Hulu subscribers will also continue to have access to the standalone app."
Tech employees cited by Business Insider said Hulu isn't receiving new features or development investment. The memo reportedly states the "Hulu tech stack and app will be decommissioned after all users have transitioned" to Disney+.
Disney told customers one thing. An internal memo says another.
What This Means For Regular People
On the FCC fight: if Disney wins a court challenge, it sets limits on how far the government can go when using regulatory tools against media companies it doesn't like. That benefits everyone — including outlets that conservative audiences trust.
If the FCC wins, every broadcaster in America just learned that a hostile administration can manufacture regulatory pressure timed to editorial decisions it dislikes. The chilling effect would be real. Disney's filing named it explicitly.
On Hulu: millions of subscribers who chose the standalone app specifically to avoid Disney+ are about to get migrated whether they like it or not. Start making alternative plans.
Disney filed. Disney fought. The court battle is next.