ABC Pushes Back on FCC’s ‘Unprecedented’ Equal Time Investigation of ‘The View’

ABC is accusing the Federal Communications Commission of violating the First Amendment and chilling its speech with its investigation into “The View.” The network’s complaint focuses on the FCC’s investigation into whether the long-running daytime talk show violated the federal government’s equal time rule, which requires networks to provide equal time to other legally filed candidates if they allow one candidate to appear.There are exemptions to the rule, such as for “bona fide news” coverage and documentaries. Earlier this year, the chairman of the FCC, Brendan Carr, questioned whether late-night and daytime talk shows qualify as “bona fide” news programs.In a filing with the telecommunications regulator on Friday, ABC pushed back against the investigation into “The View,” saying it was “unprecedented, beyond the Commission’s authority, and counterproductive to the Commission’s stated goal ofencouraging free speech and open political discussion.”“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,” the network said. “Some may dislike certain — or even most — of the viewpoints expressed on ‘The View’ or similar shows. Such dislike, however, cannot justify using regulatory processes to restrict those views.”ABC argued that “The View” had received an exemption from the FCC in 2002 and that the exemption has never been revoked.A spokesperson with the FCC told the Sun: “Decades ago, Congress passed a law that generally prohibits broadcast television programs from putting a thumb on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.“The equal time law encourages more speech and empowers voters to decide the outcome of elections. The FCC will review Disney’s assertion that ‘The View’ is a ‘bona fide news program’ and thus exempt from the political equal time rules,” she added.The FCC launched its investigation into “The View” in response to an interview with a Democrat running for U.S. Senate in Texas, James Talarico. At the time of the interview, just weeks before the Senate primary, Mr. Talarico was considered a legally filed candidate. Mr. Talarico’s primary opponent, Jasmine Crockett, had made several appearances on “The View” prior to the Senate primary, but she did not appear on the program around the time of the Talarico interview. The equal time rule does not require opposing candidates to appear on the same show or program; still, the interview prompted a review by the FCC.ABC and its parent company, Disney, are also facing scrutiny from the FCC over diversity, equity, and inclusion policies. Last month, the agency ordered Disney’s local stations to submit applications to renew their broadcast licenses earlier than originally scheduled. Mr. Carr said the move was not in response to “speech” on ABC. “In this particular case, this action is driven by an investigation into DEI conduct, not any speech at all,” he told reporters.He said that Disney had failed to adequately respond to its request for documents, which prompted the challenge of the stations’ broadcast licenses.Critics of the Trump administration argued that the move was actually meant to punish ABC for not firing its late-night host, Jimmy Kimmel, after he joked that the first lady, Melania Trump, had a “glow” like an “expectant widow.”The comment turned out to be ill-timed when, two days later, a gunman stormed through a checkpoint outside the ballroom where the White House Correspondents’ Dinner was taking place. The Trump administration says the suspect was trying to kill the president and other officials. Mr. Kimmel has defended his joke, saying it was not about someone killing Mr. Trump but rather the age difference between the president and the first lady. ABC has stood by the comedian.

ABC Pushes Back on FCC’s ‘Unprecedented’ Equal Time Investigation of ‘The View’

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