ABC mounts legal challenge to FCC probe of The View amid administration pressure
Disney-owned network contests equal-time rule investigation while facing demands to renew broadcast licenses early
The American Broadcasting Company has filed a formal response challenging the Federal Communications Commission's investigation into its daytime talk show, The View. Owned by Disney, ABC argues that the program qualifies as a bona fide news interview and is therefore exempt from the equal-time rule. This legal escalation occurs following direct pressure from the Trump administration for the network to dismiss host Jimmy Kimmel.
The FCC, led by Chairman Brendan Carr, accused the program of violating the equal-time rule. ABC contends that the commission is exceeding its authority and threatening First Amendment rights. The filing specifically contests an FCC Media Bureau order requiring the network to file a new petition for a declaratory ruling regarding The View's status, noting that the FCC previously confirmed the show's exemption in 2002.
In parallel with the probe into The View, the FCC issued an extraordinary order demanding the early filing of all ABC license renewal applications by May 28, 2026. While the license review is widely seen as retaliation, the FCC states it is related to a separate yearlong investigation into ABC's diversity, equity, and inclusion practices. ABC states it has provided over 11,000 pages of documents in response to that separate inquiry, which the FCC has deemed inadequate.
The legal team representing ABC includes Paul Clement, who served as US solicitor general under George W. Bush, and Jennifer Tatel, a former FCC lawyer. The filing asserts that the government cannot use regulatory processes to restrict viewpoints simply because they are disliked. ABC highlights a disparity in enforcement, noting that the FCC has not launched similar investigations into conservative talk radio hosts such as Mark Levin, Glenn Beck, or Guy Benson.
Legal experts suggest the law is on ABC's side if it chooses to fight, a stance supported by several free speech advocacy groups. The network argues that the FCC is implementing major shifts in policy and practice without the action of the full Commission or court oversight. ABC warns that uncertainty regarding broadcast licensees' editorial discretion threatens to chill core First Amendment-protected speech as the 2026 midterm election approaches.
