ABC has filed an aggressive defense against Federal Communications Commission regulatory action, accusing the agency of violating the network's free speech rights and creating a chilling effect on political content. The filing, made public Friday, represents the network's most forceful pushback since President Donald Trump began pressuring media organizations last year.
The dispute centers on ABC's morning talk show "The View," after FCC Chair Brendan Carr questioned whether the program qualifies for a news exemption under equal time rules, which require broadcast stations to provide political candidates equal airtime, reported the New York Times. The show features political interviews and commentary, often critical of Trump.
"According to ABC’s filing, the FCC ordered the company’s station in Houston, KTRK-TV, to file a formal request asking whether 'The View' qualified for the exemption," the Times reported. "The agency suggested that if the show was not exempt, then KTRK should have registered formal paperwork required under the equal time rules in February when 'The View' booked James Talarico, the Democratic candidate for Senate in Texas."
ABC hired prominent Supreme Court litigator Paul D. Clement to sign the filing on behalf of KTRK.
The network argued the FCC's demand for a new exemption request is "unprecedented" and "beyond the Commission's authority," since "The View" received a news exemption in 2002 that has never been challenged in 24 years.
ABC pointed out the agency has scrutinized programs critical of the president, including "The View" and late-night shows, while leaving conservative talk radio hosts untouched, and the filing noted the timing of inquiries coincides with midterm election season.
Carr has initiated a diversity inquiry into ABC stations, threatened sanctions over late-night talk show host Jimmy Kimmel's jokes, and recently ordered early license reviews of ABC's eight owned stations — an unusual step occurring years before licenses expire.
ABC disputes Carr's characterization that it provided incomplete cooperation, stating it supplied 11,000 documents on schedule, and the network suggested it may launch a broad challenge to equal time rules as outdated given modern media options.