ABC fires back at FCC investigation of 'The View' in new comments calling it a First Amendment violation

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ABC doubled down on its defense of "The View" against the Federal Communications Commission (FCC) on Monday as the agency continues to probe the daytime talk show.The Disney-owned station filed new comments on a petition it initially sent to the FCC in May to have the show be declared a "bona fide" news program. In the months since, the petition has garnered over 77,000 comments defending the show out of concern for government interference."The commenters are right to be concerned," the comments read. "The First Amendment does not permit the government to sit in an editor’s chair. Yet that is the seat the Commission now proposes to take—deciding which broadcast programs qualify as legitimate news and, for those it finds wanting, compelling them to surrender their airtime to guests they never chose to feature."FCC LAUNCHING PROBE INTO ABC'S 'THE VIEW' AMID CRACKDOWN ON EQUAL TIME FOR CANDIDATESIt continued, "Today, the program in the Commission’s sights is 'The View.' The principle in the balance is far larger: whether a federal regulator may override a broadcaster’s editorial judgment about whom to interview—a judgment the Constitution commits to broadcasters and their audiences, not to the state."ABC also asserted that the FCC previously recognized "The View" as a "bona fide" news program in 2002 and that the agency's animosity towards the show is due to President Donald Trump."What has changed is not the program but the political climate around it. The Commission has trained its attention on daytime and late-night television—programs perceived as unfriendly to the current administration—while leaving untouched the vast landscape of talk radio, where candidates routinely appear without their opponents. A rule pressed against one set of speakers and quietly suspended for another, along lines that track the administration’s political preferences, is not evenhanded regulation. The record here reflects a widespread and well-founded concern that it is not," the comments read.ABC FIRES BACK AT FCC PROBE OF 'THE VIEW,' CALLS OUT AGENCY'S 'CHILLING EFFECT ON FIRST AMENDMENT'The network also opposed the FCC's equal opportunities rule requiring equal time for political candidates in a competitive race during an election season, claiming that it would violate the program's First Amendment rights."Giving the Commission carte blanche to decide what is bona fide news programming and what is opinion commentary heightens concerns that the Commission will exercise its authority to punish disfavored content and viewpoints. And those problems are exacerbated if the government pretends to have authority to decide who is, and who is not, a 'real' journalist," ABC wrote.In a comment to Fox News Digital, an FCC spokesperson said, "While ABC insists that 'The View' is a 'bona fide news program' under the law, ABC should focus on complying with its public interest obligations, rather than misleading the public about them."ABC LAUNCHES ON-AIR CAMPAIGN ENCOURAGING VIEWERS TO SUPPORT ‘THE VIEW’ IN BATTLE WITH TRUMP’S FCCThe FCC announced in January that it would be launching an investigation into partisan talk shows like "The View" to provide equal treatment for political candidates.Since the investigation, "The View" has reportedly eased up on booking political guests for the show out of concern of violating the equal opportunities rule. The program has not hosted a politician in a competitive midterm race since Texas Democratic Senate candidate James Talarico in February. His appearance was considered a violation of the rule as he was facing off in a primary against Rep. Jasmine Crockett at the time.Though the show has brought on more Republicans in 2026, "The View" has overwhelmingly hosted liberal guests, and its hosts have frequently attacked Trump and other conservatives.