ABC has accused the Federal Communications Commission (FCC) of attempting to 'chill critical protected speech' in its investigation of the daytime talk show The View. The network's response comes weeks after the FCC ordered ABC to renew its broadcast licenses amid fallout from Jimmy Kimmel's controversial joke about Melania Trump.
This move suggests ABC is more prepared to fight FCC interference than it was last September, when Kimmel was taken off the air for nearly a week after comments about the fatal shooting of conservative activist Charlie Kirk.
FCC Investigation into The View
Earlier this year, the FCC began investigating The View after agency chairman Brendan Carr, appointed by Donald Trump, alleged that the show violated the 'equal time rule' by interviewing James Talarico, a Democratic candidate for a U.S. Senate seat in Texas.
In a newly filed response, lawyers for ABC and its Texas affiliate KTRK wrote that the FCC's actions are 'counterproductive to the Commission's stated goal of encouraging free speech and open political discussion.' They argue that The View is exempt from the equal time rule as a 'bona fide news interview program.' The filing states: 'The Commission's actions threaten to upend decades of settled law and practice and chill critical protected speech, both with respect to The View and more broadly.'
Support from Free Speech Advocates
ABC's decision has been backed by free speech advocates. Seth Stern of the Freedom of the Press Foundation said: 'We commend ABC for standing up for itself and the First Amendment. The legal theories the FCC asserts against broadcast licensees are frivolous and unconstitutional, and FCC Chair Brendan Carr knows it, but he hopes broadcast licensees will nonetheless self-censor rather than pick a fight.'
Jessica J. González of Free Press added: 'I'm pleased that ABC has finally learned that bullies don't stop when companies cower in a corner. The FCC chairman has blatantly and repeatedly abused his power to silence speech that displeases Trump. This doesn't just violate the First Amendment rights of broadcasters; it also harms audiences.'
Background on FCC Actions
ABC's broadcast licenses were not due to expire until 2028, but an FCC filing indicated an early renewal request related to a previous investigation into the company's DEI practices. The decision came shortly after the FCC received a complaint against Jimmy Kimmel following his joke suggesting that Melania Trump had the glow of an 'expectant widow.' Days after that sketch aired, a gunman attempted to storm the White House Correspondents' Dinner.
Last year, Jimmy Kimmel Live! was taken off the air after Carr threatened to discipline Kimmel if ABC did not act first. ABC pulled the show after Kimmel suggested that Charlie Kirk's suspected assassin, Tyler Robinson, was 'MAGA,' though officials said Robinson subscribed to 'leftist' ideology. The suspension caused an uproar among celebrities and politicians who saw it as a violation of free speech.
