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Free speech advocates sounded the alarm Tuesday over the Federal Communications Commission\u2019s challenge to ABC\u2019s broadcast licenses, with some decrying the move as a threat to the First Amendment and a clear example of federal overreach.<\/p>\n
\u201cThe FCC is neither the journalism police nor the humor police. This is nothing but illegal jawboning intended to intimidate ABC into kissing the ring,\u201d said Seth Stern, the chief of advocacy at the Freedom of the Press Foundation, a nonprofit group.<\/p>\n
The FCC, the federal agency that regulates the broadcast television industry, announced Tuesday it would launch an early review<\/a> of the eight station licenses owned by ABC, a unit of the Disney media empire.<\/p>\n In a public filing<\/a>, the FCC said the review stemmed from a year-long investigation of Disney\u2019s diversity, equity and inclusion practices. But a source with knowledge of the matter said it got fast-tracked after ABC late-night host Jimmy Kimmel made a controversial joke about first lady Melania Trump.<\/p>\n President Donald Trump and White House communications director Steven Cheung have publicly called on ABC to fire Kimmel<\/a> over his description of the first lady as an \u201cexpectant widow\u201d during a parody of the White House Correspondents\u2019 Association dinner that aired last Thursday.<\/p>\n Two days after that segment aired, a gunman allegedly targeting Trump administration officials opened fire<\/a> outside the correspondents\u2019 association event at the Washington Hilton. The president and first lady were rushed out of the ballroom.<\/p>\n ABC and Disney have not publicly addressed the White House\u2019s criticism. Kimmel defended his remarks<\/a> on Monday, saying in part: \u201cIt was a very light roast joke about the fact that he\u2019s almost 80 and she\u2019s younger than I am. It was not by any stretch of the definition a call to assassination.\u201d<\/p>\n In a statement, a key nonprofit civil liberties group characterized the FCC\u2019s early license renewal proceedings as a case of \u201cviewpoint retaliation.\u201d<\/p>\n \u201cThe FCC may claim these actions are based on DEI policies and have nothing to do with Jimmy Kimmel, but its timing makes it clear these justifications are a fig leaf,\u201d said Bob Corn-Revere, chief counsel at the Foundation for Individual Rights and Expression.<\/p>\n \u201cThis campaign against a disfavored broadcaster violates the First Amendment, pure and simple,\u201d Corn-Revere said, adding that the First Amendment \u201crequires those in government to be strong enough to take a joke.\u201d<\/p>\n The Knight First Amendment Institute at Columbia University accused Trump of \u201ctrying to consolidate control over what Americans see and hear on the radio, television, and social media.\u201d<\/p>\n \u201cIf he gets his way, we\u2019ll have only government-aligned media organizations that broadcast only government-approved news and commentary,\u201d Jameel Jaffer, the institute\u2019s director, said in a post<\/a> on the social media platform Bluesky.<\/p>\n Jessica J. Gonz\u00e1lez, the co-CEO of the progressive advocacy group Free Press, urged ABC and Disney to \u201cstand strong on behalf of their First Amendment right to air content without government intrusion and censorship.\u201d<\/p>\n Reporters Without Borders and PEN America, a free expression group, both slammed the FCC order. The latter claimed it was clear the agency\u2019s directive was a case of \u201cgovernment retaliation,\u201d adding in part: \u201cPeople aren\u2019t stupid.\u201d<\/p>\n The pushback to the FCC order also came from inside the agency: Anna M. Gomez, the lone Democratic appointee on the three-person panel, called it \u201cthe most egregious action this FCC has taken in violation of the First Amendment to date.” <\/p>\n \u201cThis is an unprecedented and politically motivated attempt to interfere with how broadcasters operate, and this unlawful overreach will fail,\u201d Gomez said in part.<\/p>\n Trump has not publicly commented on the FCC review of ABC\u2019s station licenses. The White House did not immediately respond to a request for comment on the FCC\u2019s order or the backlash from free speech advocates.<\/p>\n ABC owns and operates broadcast stations in key media markets such as Los Angeles, New York, Chicago and San Francisco. The licenses were not due to come up for renewal until 2028 at the earliest, according to the source with knowledge of the matter. The stations have 30 days to comply with the FCC\u2019s order.<\/p>\n NBC News has reached out to all eight stations for comment.<\/p>\n In a statement Tuesday afternoon, a Disney spokesperson confirmed the company had received the FCC\u2019s order. <\/p>\n \u201cWe are confident that record demonstrates our continued qualifications as licensees under the Communications Act and the First Amendment and are prepared to show that through the appropriate legal channels,\u201d the spokesperson said.<\/p>\n