ABC Accuses FCC of First Amendment Violations in View Probe

ABC is asking federal regulators to pull back from what it says is a dangerous new reading of the law, warning that the FCC’s scrutiny of The View could chill speech across broadcast television and radio. In a 52-page petition filed May 7, ABC accused the agency of making "major shifts in policy and practice" and urged it to "affirm its long-standing approach to the bona fide news interview exemption" rather than upset "decades of settled law and practice."

The dispute grew out of the FCC’s review of The View after the program featured James Talarico, a Democratic U.S. Senate candidate from Texas, on Feb. 2. On Feb. 19, FCC Chair Brendan Carr said "an enforcement action" was underway. ABC says that sequence has turned a routine political interview into a test case for whether regulators can pressure broadcasters to change editorial decisions without formally censoring them.

At the center of the fight is Section 315 of the Communications Act, which generally requires equal opportunities when a broadcast outlet gives airtime to one legally qualified candidate. Congress carved out exemptions in 1959 for bona fide newscasts, bona fide news interviews, bona fide news documentaries, and on-the-spot coverage of bona fide news events. ABC says The View has long fit within that news-interview exemption, and that its stations have relied on that understanding for decades.

The FCC’s Media Bureau took a narrower view in guidance issued Jan. 21, saying daytime and late-night talk shows may need to comply with the equal opportunities rule unless they qualify for a bona fide news exemption. The bureau said it had not been shown evidence that the interview portions of currently airing talk shows would qualify, and it said programs motivated by partisan purposes would not be entitled to the exemption. The guidance specifically put formats like The View and Jimmy Kimmel Live under scrutiny.

Anna Gomez, the FCC’s lone Democratic commissioner, criticized the move as an escalation that could pressure broadcasters to censor themselves or soften coverage out of fear of retaliation. ABC also argued that the agency has not applied the same scrutiny to other broadcasters, including radio, raising questions about selective enforcement and how far the FCC can reach into editorial judgment.

The equal opportunities rule does not apply to cable, satellite or streaming. That limit leaves the current clash focused on broadcast licensing, where the FCC’s leverage is strongest and the constitutional stakes are highest. If the agency prevails, talk shows may face a new era of caution around political guests. If ABC wins, the FCC’s ability to police speech through licensing pressure could be sharply narrowed.