ABC said that the the FCC’s efforts to restrict political candidates from appearing on shows like The View amount to a violation of its First Amendment rights, pushing back on Trump-appointed Brendan Carr‘s efforts to use his regulatory authority to threaten broadcasters.
In a 52-page filing with the agency on Thursday, the network said that “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.”
The filing stems from Carr’s investigation of The View after it featured James Talarico, a Democratic U.S. Senate candidate from Texas, as a guest. Although an equal time rule requires broadcasters to offer competing candidates similar broadcast opportunities — if it is requested — news programming, including talk shows, has been exempt. But the FCC’s media bureau under Carr has warned that talk shows like The View should not assume that they fall under the exemption.
Watch on Deadline
ABC said in the filing, “The danger is that the government will simply decide which perspectives to regulate and which to leave undisturbed. In fact, while the Commission now questions The View’s decades-long exemption, it has not expressed any inclination to apply a similar interpretation of the equal opportunities rule to other broadcasters, including the many voices—conservative and liberal—on broadcast radio.”
Carr has targeted daytime and late-night talk shows in the equal time crackdown, but he has said little of radio broadcasters, where conservative hosts routinely feature Republican candidates for office. The equal time rule applies to TV and radio, although the rule, and the FCC’s authority, does not extend to cable, satellite and streaming.
In January, the FCC’s media bureau announced new guidance for broadcasters featuring political candidates on their airwaves, making clear that shows like Jimmy Kimmel and The View may be on the hook for equal time when they feature political candidates on the airwaves. For decades, such shows have operated under the near certainty that such guest spots don’t trigger the rule. Broadcasters only have to provide the time if requested by rival campaigns and do not have to offer it on the exact same show, only comparable exposure.
An FCC spokesperson did not immediately respond to a request for comment.
ABC’s filing is separate from another FCC crackdown that has generated headlines and consternation among First Amendment advocates. Last month, Carr’s FCC informed the network that it would have to submit early license renewal applications for the eight broadcast station it owns. Although the FCC’s order cited its investigation into the network’s diversity, equity and inclusion practices, the move was widely seen as highly unusual. It also came just days after Donald Trump and First Lady Melania Trump called on the network to fire Kimmel over a joke he made the previous week.
ABC also hinted a potential lawsuits. The network suggested that the various regulatory actions and investigations were “major shifts in policy and practice” that “requires the action of the full commission and the oversight of the courts.”
More to come.