A federal judge declined to fast-track Disney’s request to block the FCC’s early review of eight ABC station licenses. The Justice Department argued no emergency existed, partly because the FCC agreed to give 48 hours’ notice before acting. Disney calls that window inadequate.
Disney asked for a hearing by Tuesday. It didn’t get one.
U.S. District Judge Loren AliKhan in Washington rejected the company’s bid to fast-track its request for a temporary restraining order against the Federal Communications Commission, according to a Reuters report.
The suit, filed August 18, seeks to halt an early review of broadcast licenses for eight ABC-owned stations.
What Disney wanted from the court
Disney sought an expedited hearing, arguing the FCC could act against the licenses at any moment.
The company told the court the commission is trying to coerce and retaliate against “a network that refuses to bow to the administration’s demands,” describing the agency’s conduct as an “extraordinary assault on free speech.”
Why the Justice Department said no emergency exists
The Justice Department urged AliKhan on Thursday not to schedule an urgent hearing.
Its central point was a commitment the FCC has already made. The commission agreed to provide at least 48 hours’ notice before issuing an order referring the ABC licenses to a hearing, which the government argued gives Disney adequate time to return to court if needed.
Disney disagreed sharply, telling the judge the FCC is “effectively seeking permission to impose draconian sanctions with only 48 hours’ notice.”
The fight is over what a hearing designation order actually is
The two sides are arguing about the same piece of paper and describing it in completely different terms.
Disney characterizes a hearing designation order as a sanction, something that inflicts damage the moment it lands.
The Justice Department told the court it is not a sanction at all, but a step that sets an additional administrative process in motion.
That disagreement matters more than it sounds. If the order is procedural, waiting costs Disney little. If it functions as a penalty, then 48 hours of notice is a short runway for a company defending stations in Los Angeles, New York, and Philadelphia.
The judge’s refusal to move quickly suggests the court is not yet persuaded that harm is imminent.
Carr calls the lawsuit meritless
Brendan Carr, the FCC chairman, has dismissed Disney’s suit as meritless.
Carr ordered the early license reviews in April and has consistently said they stem from the agency’s investigation into Disney’s diversity, equity, and inclusion practices rather than from anything ABC has broadcast.
Disney’s complaint argues otherwise, pointing to a sequence of events it says shows retaliation.
The underlying dispute has not changed
None of this resolves the main case.
The eight stations were not scheduled for license renewal until October 2028. The FCC ordered them reviewed years early, a step the agency had not taken in more than 50 years.
The April order came a day after President Trump publicly urged ABC to fire late-night host Jimmy Kimmel. Trump has repeatedly pressed the FCC to revoke ABC’s licenses and has urged broadcasters to drop programs critical of him.
Disney reads that timeline as evidence of retaliation. Carr points to the DEI investigation. Both accounts start from the same calendar.
Where things stand now
Disney’s request for a temporary restraining order remains pending. The judge declined to hear it on Disney’s timeline, not to deny it outright.
The FCC’s 48-hour commitment stays in place, meaning Disney would get advance warning before any referral order issues.
The company is represented by Beth Wilkinson and Paul Clement, the latter a former U.S. Solicitor General who has argued more than 100 cases before the Supreme Court.
For now the case moves at the court’s pace rather than Disney’s, which is the first thing the company has asked for and not received.
Article compiled with the help of the Pirates & Princesses newsroom.
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Hat Tips:
Reuters via Channel NewsAsia (August 20, 2026), the report that the judge rejected Disney’s bid for a quick hearing
Reuters via US News and Jefferson City News-Tribune (August 20, 2026), David Shepardson’s reporting on the Justice Department’s opposition, the 48-hour notice commitment, both sides’ filings, and Carr’s response
Reuters and CNN (August 18, 2026), the original lawsuit filing, the eight stations, the October 2028 renewal timing, and the Wilkinson and Clement representation