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ABC Challenges FCC Over The View in First Amendment Fight

The challenge tests whether equal-time rules can reach talk shows long treated as news.

Overview

  • ABC filed a 52-page petition on Thursday, made public Friday, arguing the FCC is overstepping and chilling speech, with Supreme Court litigator Paul D. Clement signing the filing.
  • The case stems from a February interview with Texas Senate candidate James Talarico, after which Chairman Brendan Carr’s FCC ordered ABC’s Houston station KTRK to seek a ruling on The View’s status and flagged possible equal-time paperwork.
  • ABC says The View has held a bona fide news exemption since 2002 under Section 315, which lets news programs host candidates without triggering equal-airtime obligations.
  • The FCC says the equal-time law boosts voter choice and will review Disney/ABC’s claim that The View is bona fide news, following January guidance that questioned exemptions for daytime and late-night talk shows.
  • Separately, the FCC’s Media Bureau moved up license reviews for eight ABC stations as part of a DEI probe, an unusual step that critics call pressure, raising stakes for how broadcasters book candidates heading into the 2026 elections.