FCC begins DEI investigation into Disney
The FCC has launched an investigation into Disney’s diversity practices. The agency sent a letter to Disney CEO Bob Iger stating that Disney may not comply with its DEI efforts. Disney said it is reviewing the letter from the FCC and looks forward to answering the commission’s questions.
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Congressional Democrats have accused Federal Communications Commission Chairman Brendan Carr of using merger reviews and broadcast license decisions to force companies to scrap diversity initiatives, warning of political pressure within the powerful independent regulator.
“The FCC has significant authority over the communications market,” the 18 senators said in a letter provided exclusively to USA TODAY. “Congress granted this authority to ensure that telecommunications services serve the public interest…It does not influence the internal governance decisions of private companies.”
The controversy reflects a broader escalation in battles over corporate diversity programs, with Carr emerging as one of the most aggressive regulators testing whether federal agencies can influence internal business policies through routine approvals and oversight.
While Carr and his allies argue that DEI efforts could violate federal law, Democrats warn that the approach could set a precedent for using regulatory power to shape corporate behavior far beyond the communications sector.
Virginia Rep. Jennifer McClellan and Illinois Rep. Jonathan Jackson, son of the late civil rights leader the Rev. Jesse Jackson, said Kerr’s public statements and recent media reports “raise concerns that companies seeking FCC approval may feel pressure to change internal policies to avoid regulatory hurdles and delays.”
USA TODAY has reached out to the FCC for comment.
Democratic lawmakers object to FCC investigation
Carr has threatened to block mergers and other deals unless companies stop their DEI efforts. More recently, we have begun using the FCC’s early license renewal authority as a tool to enforce these standards.
The FCC is demanding an early review of ABC’s licenses in major markets such as Los Angeles and New York, years ahead of schedule. Carr said the early renewal stemmed from his agency’s year-long review of parent company Disney’s DEI efforts.
The timing of the order troubled Democrats, who have accused media outlets critical of the Trump administration of “speech control.” The remarks came a day after President Donald Trump and first lady Melania Trump called on the network to fire Jimmy Kimmel for describing Melania Trump as a “widow.”
More than a dozen Senate Democrats, including Minority Leader Chuck Schumer, called on Kerr to rescind the order, but Kerr did not.
“If the evidence actually develops and shows that they engaged in discrimination based on race or gender, that would be a very serious issue for the FCC, and even the possession of a license could fundamentally implicate their character qualities,” Kerr said recently on Fox News.
And Democratic lawmakers say they see that as a problem.
Their letter lists a series of questions, asking Carr to respond by June 2, including how the FCC defines “harmful forms” of DEI and what legal authority the commission relies on to make that determination.
Lawmakers also requested all published communications, memos, guidance, and policy documents that instruct staff on how to evaluate corporate governance and internal policies when reviewing merger applications and license transfer requests, as well as communications between leaders and staff of companies doing business with the FCC.
Additionally, they are asking for a list of all instances in which the FCC has considered internal policies, such as DEI programs, when evaluating license renewal or other business applications before the agency.
A vocal critic inside the FCC
The letter marks the latest protest from Democrats over Carr’s role as FCC administrator and scrutiny of diversity programs that are part of the Trump administration’s broader DEI crackdown. T-Mobile and Verizon are among the companies that have scaled back programs while seeking federal approval for multibillion-dollar deals.
Companies have become more cautious since President Trump took office on a campaign promise to restore equity in the workplace by bulldozing through “woke” DEI policies that he says harm men and white Americans. Fearing investigations and the loss of government contracts, dozens of the nation’s largest companies, from McDonald’s to Facebook owner Meta, have changed or eliminated their diversity programs to avoid the administration’s scrutiny.
Pressure to align with the president’s policies has only increased in recent months as the administration launches investigations and recruits whistleblowers.
Some within the commission have been vocal critics of the FCC’s investigation into DEI programs. In a May 11 letter to Disney CEO Josh D’Amaro, FCC Chairwoman Anna Gomez called the early renewal request “the most egregious attack on the First Amendment ever undertaken by the FCC.”
“The FCC’s attempt to usurp control over internal corporate decision-making through limited authority requires reaching into legal powers that the statute, agency rules, and applicable case law simply do not provide,” Gomez, the committee’s only Democrat, wrote. “Courts have repeatedly and categorically ruled that actions such as the FCC’s current investigation are unconstitutional.”
