SouthernWorldwide.com – ABC is alleging that the Federal Communications Commission (FCC) has infringed upon its First Amendment rights by scrutinizing the network’s talk show, “The View.” This accusation was detailed in a petition submitted to the FCC on May 7.
The broadcaster contends that the FCC has demanded proof that “The View” qualifies as a news program. Failure to provide this proof could result in ABC being compelled to grant equal airtime to any political candidate who requests it.
ABC argues that such a demand would have a chilling effect on constitutionally protected speech.
This petition arises amidst a broader dispute between the FCC and Walt Disney Co., ABC’s parent company. Last month, the FCC mandated that Disney file early license renewal applications for its ABC television stations. This action followed an ongoing investigation and occurred the day after President Trump urged the company to dismiss comedian Jimmy Kimmel.
In response to inquiries from CBS News, an FCC spokesperson stated that the agency would “review Disney’s assertion that ‘The View’ is a ‘bona fide news program’ and thus exempt from the political equal time rules.”
The spokesperson further elaborated, “Decades ago, Congress passed a law that generally prohibits broadcast television programs from putting a thumb on the scale in favor of one political candidate over another. Specifically, Congress put protections in place to ensure that covered programs offer legally qualified candidates for office (both Republican and Democrat) equal time on the public airwaves.”
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Clash over “equal time”
The core of this dispute revolves around the “equal time” rule. This regulation mandates that broadcast stations offering interviews with one political candidate must provide equivalent airtime to all other candidates vying for the same office.
Recognizing the potential for unmanageable airtime demands on television stations, Congress introduced an exemption for “bona fide” news broadcasts and interviews many years ago.
“The View” was granted an exemption from the equal time rule in 2002. However, at the close of March 2026, the FCC requested that ABC’s Houston station, KTRK-TV, submit a new application to determine if “The View” still qualified as a “bona fide news interview program,” as indicated in ABC’s filing.
ABC asserts in its petition that the 2002 ruling “remains in full force and effect.” The network also stated that “The Commission has taken no action over the last two decades to modify or overturn the declaratory ruling, and there is no basis for doing so now.”
James Talarico interview
The FCC’s directive to Disney came subsequent to the appearance of James Talarico, a Democratic candidate for the Texas Senate, on “The View” on February 2.
“The decision to include Talarico was driven by considerations of newsworthiness and audience interest and not an intent to advance his candidacy,” the petition filed by ABC states.
The petition highlights that the FCC has not issued similar requests to other media organizations. This includes Texas radio stations that broadcast shows with a conservative leaning, such as “The Mark Levin Show.”
“[S]uch a clear disparity in the treatment of broadcasters that ought to be subject to the same treatment under law raises serious concerns about viewpoint discrimination and retaliatory targeting,” the petition from ABC alleges.
Advocates for free speech have expressed support for ABC’s challenge to the FCC.
“ABC’s refusal to quietly allow the federal government to dictate the range of viewpoints it may air without fear of retaliation is welcome and commendable,” stated Will Creeley, legal director of the Foundation for Individual Rights and Expression, via email. “The Federal Communications Commission is not, and cannot become, the nation’s censor-in-chief, as its chairman once recognized.”
Edited by Alain Sherter.
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