Fighting Trump will make or break Disney’s new CEO: Josh D’Amaro

A week into his tenure, newly appointed Disney CEO Josh D’Amaro finds himself unexpectedly thrust into a high-stakes confrontation with the Trump administration over free speech. Disney-owned ABC has formally accused the administration of violating its First Amendment rights, stemming from an ongoing Federal Communications Commission (FCC) investigation into its popular talk show, “The View.” This escalating dispute marks an abrupt shift from D’Amaro’s initial focus on expanding Disney Plus and is now poised to define the early days of his leadership.

The Heart of the Dispute: “The View” and Equal Time

The core of ABC’s complaint to the FCC centers on an investigation into whether “The View” violated the “equal time” rule. This longstanding regulation requires broadcasters to provide competing political candidates with comparable airtime. The FCC’s scrutiny follows segments on “The View” featuring James Talarico and Jasmine Crockett, two Texas Democratic candidates, without subsequently inviting Republican counterparts.

ABC’s filing asserts that “The View” received an exemption from the equal time rule “more than twenty years ago,” recognizing it as a “bona fide news interview program.” The company argues that the FCC’s current actions against the show threaten to “chill core First Amendment-protected speech for years and potentially decades to come,” raising concerns about selective regulation of media perspectives.

A Pattern of Pressure: Trump’s History with Disney

This isn’t the first instance of the Trump administration, particularly under FCC Chairman Brendan Carr, applying pressure to Disney. Previously, Carr threatened to revoke broadcast licenses of stations airing “Jimmy Kimmel Live!” over a joke about Republican reactions, prompting ABC to temporarily pull the show. More recently, the FCC ordered Disney-owned ABC stations in eight markets to renew their broadcast licenses by May 28th, years ahead of their scheduled 2028 renewal. The agency has also signaled broader intentions to revoke equal time exemptions for other daytime and late-night talk shows.

Historically, Disney has attempted to navigate tensions with the Trump administration through various means. This includes former CEO Bob Iger settling a defamation suit with Trump for $15 million in 2024 and Bob Chapek’s decision not to condemn Florida’s “Don’t Say Gay” bill, even amidst employee walkouts. However, these attempts at appeasement have evidently not deterred the administration from targeting the company.

Past Strategies Fail, New Leadership Emerges

In stark contrast, Paramount’s strategy of apparent capitulation, such as canceling “The Late Show with Stephen Colbert” – a move it attributed to cost-saving – seemed to coincide with favorable regulatory conditions for its $8 billion acquisition deal with Skydance. This suggests that some companies have found success in currying favor with the administration, a path that has proven ineffective for Disney.

FCC Democratic Commissioner Anna M. Gomez, in a direct letter to D’Amaro, highlighted this dynamic, stating that Disney’s 2024 settlement with Trump “told this Administration that pressure works.” Gomez emphasized that the First Amendment “does not belong to this Administration to grant or withhold,” instead belonging to the public, the press, and broadcasters willing to defend it.

The Path Forward: A Defining Battle for D’Amaro

ABC’s firm stance, asserting that the FCC is actively chilling free speech, represents a notable shift for Disney. For years, the company primarily played defense against conservative criticism regarding its “woke” content featuring marginalized groups. Now, under D’Amaro, there appears to be a realization that past self-censorship and financial settlements have not insulated Disney from administrative attacks.

Rather than follow in the footsteps of his predecessors, D’Amaro seems to recognize that the only viable path forward is to directly challenge the Trump administration, even if it leads to prolonged and costly legal battles. While such a fight is daunting for any CEO, especially in their first year, this showdown is poised to become a defining moment for D’Amaro’s leadership and his commitment to the company’s journalistic principles.

FAQ

Q: What is the “equal time” rule that “The View” is accused of violating?

A: The “equal time” rule, formally known as the equal opportunities rule, requires radio and television broadcasters to provide competing political candidates with equal access and time to present their views.

Q: Why is the FCC investigating “The View” now, given its long-standing exemption?

A: The FCC is scrutinizing “The View” after it featured two Democratic candidates for Texas Senate seats without subsequently inviting Republican candidates. Despite the show’s decades-old exemption as a “bona fide news interview program,” the FCC appears to be re-evaluating its application.

Q: What are the potential consequences for Disney if the FCC's investigation proceeds?

A: If the FCC proceeds, Disney could face an “ugly, expensive, and exhausting legal battle” defending its First Amendment rights. The FCC has already ordered early license renewals for some ABC stations and signaled broader plans to revoke equal time exemptions for other talk shows, indicating potential widespread regulatory challenges.