ABC has accused the Trump administration of trying to chill constitutionally protected free speech in a legal dispute over whether its daytime talk show 'The View' should be subject to equal time rules. In a filing to the Federal Communications Commission made public on Friday, the network argued that the commission's actions threatened to 'upend decades of settled law and practice' and hinder open political discussion.
The filing, submitted on behalf of ABC and its Houston station KTRK-TV, comes as the FCC revisits the question of whether 'The View' qualifies for a 'bona fide news program' exemption from equal time requirements. News programmes are exempt from the rules, which mandate that broadcasters provide equal airtime to competing political candidates. FCC Chairman Brendan Carr has indicated he intends to argue that 'The View' does not meet that definition, a move that could affect similar shows blending entertainment and politics.
ABC countered that the show has operated under a news exemption granted more than 20 years ago, consistent with longstanding commission interpretations designed to avoid First Amendment problems. The network also argued that the equal time doctrine is outdated in a media landscape where 'the broadcast airwaves account for a slice of the numerous media options through which Americans get their political information.' It noted that non-broadcast platforms such as podcasts, cable, and streaming services are not subject to the same rules.
The dispute is the latest in a series of confrontations between the Trump administration and major U.S. media outlets. Tensions have flared over issues including Pentagon access for The New York Times, the White House's dispute with The Associated Press over the name 'Gulf of Mexico,' and President Trump's criticism of The Wall Street Journal's reporting on Jeffrey Epstein. The filing specifically referenced the administration's displeasure with late-night hosts, including ABC’s Jimmy Kimmel, whom Donald and Melania Trump have called to be fired over a joke.
In a statement, the FCC said equal time law 'encourages more speech and empowers voters to decide the outcome of elections.' The commission will review ABC's assertion that 'The View' is a bona fide news programme. ABC argued that narrowing the exemption would 'risk restricting political discourse exactly when it is needed most.' The network also noted that the show has long featured a panel of women from different backgrounds to discuss the issues of the day.
