After Warning Talk Radio, ABC Sues the FCC
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Legal Group, Senior Partner
Goodphone Communications, Executive Producer
ABC warned that the FCC’s scrutiny of “The View” could reach talk radio. Now the eight ABC-owned television station licensees have taken the agency to court. But the immediate lawsuit is not asking a judge to decide whether “The View” qualifies as news.
Rather, it challenges the FCC’s decision to force those local stations into license renewal years ahead of schedule. On April 28, the FCC’s Media Bureau invoked a rule allowing early renewal when it considers that step essential to an investigation. The stations filed under protest, and on August 18 asked a federal court to halt the proceeding before the FCC can designate it for a hearing.
The FCC says it is investigating possible unlawful discrimination in ABC’s employment practices and whether the stations have served the public interest. ABC calls that explanation a pretext, pointing to public demands that it fires Jimmy Kimmel, threats against its licenses, criticism of its editorial decisions, and the separate proceeding involving “The View.” No license has been denied, and the FCC has not yet answered the lawsuit.
The ABC network does not hold one national broadcast license. Its local stations hold the licenses, and the same federal licensing structure covers terrestrial radio. An online-only show has no FCC broadcast license for the agency to call in.
ABC’s legal argument is that the process itself can punish speech. A costly, open-ended license proceeding may chill hosts, producers and programmers before a regulator ever issues a censorship order. For talk radio, the question is not whether you like ABC; it is whether the government may use threats to a station’s license to influence who gets booked, what gets asked, or which opinions reach the air.
Matthew B. Harrison is a media and intellectual property attorney who advises radio hosts, content creators, and creative entrepreneurs. He has written extensively on fair use, AI law, and the future of digital rights. Reach him at Matthew@HarrisonLegalGroup.com or read more at TALKERS.com.
host Jimmy Kimmel’s jokes aimed at the two. FCC Commissioner Anna M. Gomez issued a statement about the order, saying, “This is the most egregious action this FCC has taken in violation of the First Amendment to date. As part of its ongoing campaign of censorship and control, the White House called publicly for the silencing of a vocal critic, and this FCC has now answered that call. This is an unprecedented and politically motivated attempt to interfere with how broadcasters operate, and this unlawful overreach will fail. This should be a lesson to media companies that no amount of capitulation to this administration will buy them protection. The only choice is to stand up and stand firm in defense of the First Amendment.”
When we first covered this case, it felt like only 2024 could invent it – a disgraced congressman, George Santos, selling Cameos and a late-night host, Jimmy Kimmel, buying them under fake names to make a point about truth and ego. A year later, the Second Circuit turned that punchline into precedent. (Read story here: 
but sources tell Reuters that it would likely be sometime after November. Senate Commerce Committee Chair Ted Cruz criticized Carr for comments he made on the Benny Johnson podcast about late night talk host Jimmy Kimmel’s joke that appeared to threaten ABC/Disney and promise FCC action against the company if it didn’t take action on its own. On his Premiere Networks distributed podcast, “The Verdict with Ted Cruz,” Cruz said of Carr’s comments, “I got to say that’s right out of ‘Goodfellas.’ That’s right out of a Mafioso coming into a bar going, ‘Nice bar you have here. It would be a shame if something happened to it.’” Carr recently said that’s not what he meant and stated, “We don’t want to see weaponization of government by any administration against any perspective – and that’s certainly not what we’re doing here.”
Democrats in Congress have lashed out at FCC Chairman Brendan Carr for his statements about ABC/Disney and Jimmy Kimmel’s Charlie Kirk bit that got Kimmel suspended from “Jimmy Kimmel Live!” Last week, Carr appeared on the Benny Johnson podcast and called Kimmel’s statements “some of the sickest conduct possible” and added, “This is a very, very serious issue right now for Disney… We can do this the easy way or the hard way.” ABC/Disney has television affiliates owned by both Nexstar and Sinclair, which objected to Kimmel’s comments and threatened to pull Kimmel’s show from the air. Nexstar has a $6.2 billion 
merger with Tegna in the works and needs FCC approval and critics of Carr’s comments are calling him out for appearing to threaten ABC. Republican Senator Ted Cruz, on his Premiere Networks podcast ‘The Verdict,’ disagreed with Carr saying, “Let me tell you if the government gets in the business of saying, ‘We don’t like what you the media says. We’re going to ban you from the airwaves if you don’t say what we like.’ That will end up bad for conservatives.” President Trump – who’s publicly mused about investigating his media critics – weighed in after being asked about Cruz’s response by saying, “I think Brendan Carr’s a courageous person. I think Brendan Carr doesn’t like to see the airwaves be used illegal and incorrectly and purposefully horribly.”
our airwaves free from government influence. The First Amendment affords our stations – and all Americans – this fundamental right, and the mere perception that broadcasters acted because of undue pressure is a problem for our credibility and the trust we have built with our audiences.
available, ‘The Adam Carolla Podcast’ has remained one of the most popular podcasts on the planet for well over a decade. Fans grew to love the pairing of Adam Carolla & Dr. Drew Pinsky that originated on the world famous KROQ radio and became a cultural touchstone and in 2012 they reunited the partnership for ‘The Adam and Dr. Drew Show.’ In each episode Adam and Dr. Drew take uncensored, nothing-off-limits, calls about sex, drugs, medical and relationship issues. Dr. Drew brings the medicine while Adam’s comedic rants are the spoonful of sugar to make it go down.” PodcastOne president and co-founder Kit Gray adds, “Adam Carolla’s contributions to the medium of digital audio entertainment are immeasurable. From his devoted audience of listeners and advertisers, Adam has inspired legions of loyal fans who tune in daily to hear his comedic take on a wide array of topics. His camaraderie with Dr. Drew is the stuff of legends. This is a podcasting duo that will go down in history as one of the greatest partnerships. As we have grown as a network, so have Adam and Drew and we are thrilled to keep the momentum growing.”