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Free Speech

ABC's First Amendment Lawsuit Against FCC

Eugene Volokh | 8.18.2026 2:07 PM

From today's Complaint in ABC, Inc. v. FCC (D.D.C.):

Government censorship is deeply un-American. That fundamental principle predates the Republic, with our Founders recognizing that "the freedom of the press is one of the great[est] bulwarks of liberty." And it is no less true today, as the Supreme Court unanimously reaffirmed only two years ago: the government may not "use the power of the State to punish or suppress disfavored expression." NRA v. Vullo (2024).

This case concerns the Administration's sustained effort to do just that. Acting through the Federal Communications Commission, the Administration has waged a retaliatory campaign against ABC for a single reason: it disapproves of what ABC broadcasts.

That campaign began in this Administration's earliest days and has only intensified since. Again and again, the Administration has attacked ABC's speech—the stories its journalists report and the viewpoints its network programs air. Over time, those attacks have escalated into express demands that ABC be stripped of its broadcast licenses because of its speech.

In prosecuting the Administration's campaign against free speech on network television, the Commission fights on several fronts using its expansive regulatory powers. What has unfolded, in the words of sitting FCC Commissioner Anna Gomez, is "a sustained, coordinated campaign of censorship and control, carried out through the weaponization of the FCC's authority as a federal regulator and aimed at pressuring a free and independent press and all media into submission."

The Administration has not been shy about openly coercing ABC into changing its programming. For example, in response to on-air comments by ABC's late-night host Jimmy Kimmel, the FCC's Chairman issued an ultimatum to Plaintiffs: "We can do this the easy way or the hard way. These companies can find ways … to take action … on Kimmel, or there is going to be additional work for the FCC ahead."

For months, the Administration has steadily increased the pressure on ABC, culminating in the present threat to the broadcasting licenses of the eight ABC Owned Stations ("the Stations"). The day after the President objected to additional on-air comments by Mr. Kimmel, the........

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