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The Walt Disney Company (NYSE:DIS)'s ABC filed a First Amendment lawsuit against the Federal Communications Commission on August 18, 2026, calling the agency's investigation into the network a "retaliatory campaign." A federal judge rejected Disney's request for an urgent hearing on August 20, 2026, setting a filing deadline of September 24 and a hearing in early October instead.
This fight has become a real test of broadcasters' free speech rights, playing out as President Trump has repeatedly called for ABC to lose its licenses over programming he dislikes.
Can Disney actually win a First Amendment case against its own federal regulator, or does fighting the FCC risk making its licensing problems worse?
The FCC has already agreed to give The Walt Disney Company (NYSE:DIS) at least 48 hours' notice before referring ABC's licenses for a hearing, a procedural concession that removes the risk of a sudden license action. Commissioner Anna Gomez has publicly sided with ABC, giving Disney a sympathetic voice inside the regulator. The lawsuit leans on a unanimous 2024 Supreme Court precedent limiting government pressure on private speech.
On fundamentals, Disney enters this fight strong: companywide revenue grew 7% to $25.2 billion in fiscal Q3, and segment operating income rose 21% to $5.6 billion, ahead of guidance. Disney Experiences hit a record $9.97 billion, up 10%, while streaming reached a 13% SVOD margin and stays on track for double digits this year. That combination means ABC's legal exposure sits inside a company whose two biggest growth engines are firing together. A win would set a precedent limiting political pressure on Disney's other broadcast **** ets.

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2 months ago

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