ABC Challenges FCC Probe of 'The View' as First Amendment Violation

ABC has escalated its legal battle with the Federal Communications Commission (FCC), accusing the agency of violating the First Amendment by probing the TV show The View over political content.

The network filed a formal response on Friday, arguing that the FCC’s investigation into The View after a February episode featuring Democratic Senate candidate James Talarico of Texas created a “chilling effect” on free speech. ABC stated in the filing:

“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 FCC had questioned whether The View qualified for an exemption from the equal time rule, which requires broadcast stations to provide equal airtime to political candidates. ABC argued that this demand was unprecedented, asserting that The View had held the same exemption since 2002 without challenge for 24 years. The network called the FCC’s move “beyond the Commission’s authority and counterproductive to the Commission’s stated goal of encouraging free speech and open political discussion.”

While ABC’s filing did not reference a separate FCC action from two weeks prior—where the agency sought to review the broadcast licenses of eight ABC stations years before expiration after late-night host Jimmy Kimmel joked about President Trump and First Lady Melania Trump—this action appears to have influenced the network’s stance against the administration.

ABC’s legal confrontation with the Trump administration dates back to December 2024, when the network paid a $16 million settlement after Trump sued for defamation. Now, the company is preparing for a prolonged court battle, reportedly retaining Supreme Court litigator Paul D. Clement, who previously served as solicitor general under President George W. Bush. The case may ultimately reach the U.S. Supreme Court.