The Lawyer Who Defeated Harvard in the Race-Conscious Admissions Case Has a New Target–Disney

DEI: Disney and its ABC TV stations are facing new pressure from a prominent anti‑discrimination group accusing the companies of running afoul of federal civil‑rights law. In a June 17 letter to FCC Chairman Brendan Carr, the American Alliance for Equal Rights said Disney and ABC have “engaged in racial discrimination” through hiring and creative‑staff programs that the group argues violate the FCC’s equal‑employment rules and federal statutes. The group wrote: “Large corporate entities like Disney and ABC keep trying to evade these laws,” citing initiatives it says imposed race‑based preferences across production and staffing. AAER, headed by President Edward Blum, is a nonprofit membership organization founded in 2021. Blum won the 2023 Supreme Court case that held Harvard’s race-conscious admissions programs violated the 14th Amendment. Blum’s seven-page letter also criticized ABC for previously arguing in court that its production and broadcasting decisions are protected expressive activity, calling that a sweeping First Amendment claim that would “eviscerate” anti‑discrimination law. “The FCC should not countenance efforts by Disney or other broadcasting entities to flout federal antidiscrimination laws and the FCC’s regulations by claiming a broad First Amendment exemption. Constitutional protection must be confined to genuine expressive activity, or it risks becoming a vehicle for exempting odious discrimination from generally applicable law,” Blum said. (More after paywall)