---
title: "FCC Regulation of Disfavored Speech Is Unconstitutional, Says ITIF"
summary: |-
  Following a report that the FCC will order early reviews of eight Disney-owned ABC stations, Joe Kane said, “License reviews should be content neutral. The FCC’s role is to provide technical expertise on issues like interference, not to police speech.”
date: "2026-04-28"
content_type: "Press Releases"
canonical_url: "https://itif.org/publications/2026/04/28/fcc-regulation-of-disfavored-speech-is-unconstitutional-says-itif/"
---

# FCC Regulation of Disfavored Speech Is Unconstitutional, Says ITIF

WASHINGTON—Following [a report](https://www.reuters.com/business/fcc-order-early-license-reviews-disney-owned-abc-stations-source-says-2026-04-28/) that the Federal Communications Commission will order early reviews of eight Disney-owned ABC stations, the Information Technology and Innovation Foundation (ITIF), the leading think tank for science and technology policy, released the following statement from Joe Kane, ITIF’s director of broadband and spectrum policy:

> *It is unconstitutional for the FCC to take regulatory action against a broadcaster for broadcasting disfavored speech. License reviews should be content neutral. The FCC’s role is to provide technical expertise on issues like interference, not to police speech.*

For more on this issue, see:

- Joe Kane, “[Chairman Carr’s Legal Theory of Content Regulation Is More Developed, but Still Wrong](https://itif.org/publications/2026/03/17/chairman-carrs-legal-theory-of-content-regulation-is-more-developed-but-still-wrong/),” ITIF *Innovation Files* commentary, March 17, 2026.
- Joe Kane, “[Expression Over Radio Waves Is Not Exempt from the First Amendment](https://fedsoc.org/commentary/fedsoc-blog/expression-over-radio-waves-is-not-exempt-from-the-first-amendment),” *Federalist Society*, February 11, 2025.

---
*Source: Information Technology & Innovation Foundation (ITIF)*
*URL: https://itif.org/publications/2026/04/28/fcc-regulation-of-disfavored-speech-is-unconstitutional-says-itif/*