The FCC just called in ABC’s station licenses for early renewal, and it comes days after Jimmy Kimmel’s Melania ‘expectant widow’ joke on air

Disney confirmed on Tuesday that it received a “call in” for its owned and operated station licenses for early renewal from the Federal Communications Commission (FCC). This is a rare move that has raised eyebrows and sparked controversy. It comes after Jimmy Kimmel’s on-air joke about First Lady Melania Trump having “the glow of an expectant widow” sparked a heated backlash from the Trump administration and conservative groups.

The joke aired on a Thursday, just two days before a shooting at the Washington Hilton, where President Donald Trump and several Cabinet officials were attending the White House Correspondents’ Dinner. It was widely criticized as insensitive. President Trump and his supporters called for ABC to fire Kimmel, with White House Director of Communications Steven Cheung labeling Kimmel a “s human being” on X and demanding that he be “shunned for the rest of his life.”

In a statement emailed to Newsweek, Disney defended its record, saying that ABC operates “in full compliance with FCC rules” and that it is “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.”

The FCC’s move against ABC raises serious concerns about government overreach and free speech

The FCC’s action to pull forward all Disney/ABC station licenses for early review has sparked concerns that the agency is overstepping its authority and using its power to punish a broadcaster for protected speech. The FCC generally avoids actions that could be seen as silencing protected expression. Experts say that any real consequences for Kimmel’s show are more likely to come from network management, advertisers, or public backlash – not federal regulators.

Critics say the move is a clear attempt to intimidate ABC into silencing Kimmel and other critics of the Trump administration. Kimmel himself refused to apologize despite Trump and Melania demanding ABC fire him over the widow joke. “The FCC is neither the journalism police nor the humor police,” said Seth Stern, Chief of Advocacy at the Freedom of the Press Foundation. “This is nothing but illegal jawboning intended to intimidate ABC into kissing the ring.”

The FCC’s chair, Brendan Carr, has been at the center of the Trump administration’s fight against TV broadcasters with whom Trump has disagreed. Carr had previously called for Kimmel’s suspension after the host criticized Trump and Republicans over their reaction to the assassination of Charlie Kirk. Kimmel’s show was taken off the air but returned six days later.

The FCC’s authority over content standards is limited to television and radio broadcasts and does not include cable networks or streaming platforms. The FCC itself states on its website that the “First Amendment and the Communications Act expressly prohibit the Commission from censoring broadcast matter.” Legal experts told CNN that ABC’s licenses are unlikely to be revoked, but the process could stretch months or years and would be lengthy and expensive.

According to the BBC, several Democratic lawmakers have also spoken out against the FCC’s actions. Many legal observers note that the FCC’s broadcast license threats open a much larger legal door than it may initially appear. Massachusetts Senator Elizabeth Warren wrote that it was illegal “for the government to censor free speech it just doesn’t like about Trump’s Iran war.” 

California Governor Gavin Newsom called the threat “flagrantly unconstitutional,” while Senator Mark Kelly wrote: “This is overreach by the FCC because this administration doesn’t like the microscope and doesn’t want to be held accountable.” In the past, the FCC has issued similar orders against small license holders, but never against a major broadcaster like Disney/ABC, making this move particularly significant for the entire media industry.