Legal Expert Praises ABC’s Fight Against FCC Probe into 'The View' Over Equal Time Rule

Former federal prosecutor Joyce Vance has praised ABC for its aggressive stance against a Federal Communications Commission (FCC) investigation into the daytime talk show The View. The network filed a Petition for Declaratory Ruling with the FCC on Friday, challenging the commission’s decision to probe whether the show violated its “equal time” rule.

The “equal time” rule is a federal regulation requiring radio and TV stations to provide equal airtime to political candidates from opposing sides of the aisle. The FCC announced its investigation into The View after the show hosted James Talarico, a Democratic candidate for the U.S. Senate in Texas, alongside his primary opponent, Jasmine Crockett, also a Democratic U.S. Representative.

Vance, speaking to MSNOW’s Ari Melber, emphasized that ABC’s legal strategy—spearheaded by former Solicitor General Paul Clement—demonstrates the network’s commitment to defending its First Amendment rights.

“One of the lessons of Trump’s second term in office is that it does no good to prematurely bend the knee when your First Amendment rights are on the line.”

“Bringing in a former solicitor general always signifies to the courts and to the government that you’re very serious about a case. I think it’s a way of saying to the FCC: We all know what you’re doing here is wrong. Don’t mess with us. We intend to come out with guns blazing.”

Melber highlighted a contrast in ABC’s recent approach, noting the network’s previous decision to temporarily suspend Jimmy Kimmel’s late-night show last fall over similar accusations. However, the network later stood by Kimmel after he clarified a political joke that drew criticism from the president, who took offense to a reference about Melania Trump being an “expectant widow.”

Vance clarified the legal distinctions in such cases, stating:

“When you’re talking about the First Amendment, there are fine line distinctions that are drawn between different types of speech. Joking, making fun of our politicians, even in a very abrasive fashion, that’s a hard core part of the American consensus about speech that the First Amendment protects.”

She added that Kimmel’s reputation as a comedian who frequently critiques politicians, along with how he framed the joke, would likely protect him if the matter were ever brought to trial.

In February, FCC Chairman Brendan Carr confirmed the commission was reviewing the The View episode for potential violations of the “equal time” rule. Carr stated:

“The FCC has an enforcement action underway on that. And we’re taking a look at it.”

The article originally appeared on TheWrap.