ABC is escalating its legal fight with the Federal Communications Commission, accusing the agency of violating the network’s First Amendment rights in a growing dispute revolving around the daytime talk show “The View.”
In a new filing submitted on behalf of Houston ABC affiliate KTRK-TV, the Walt Disney-owned broadcaster argued that the FCC is attempting to use federal regulatory authority to punish speech and viewpoints it disfavors.
“Some may dislike certain — or even most — of the viewpoints expressed on ‘The View’ or similar shows,” the filing stated. “Such dislike, however, cannot justify using regulatory processes to restrict those views.”
The clash marks a significant escalation in an ongoing battle between ABC and FCC Chairman Brendan Carr over political programming, equal-time broadcasting rules, and free speech protections.
The dispute stems from a February appearance by Texas Democratic Senate candidate James Talarico. Earlier this year, the FCC launched an investigation into whether the program still qualifies for the agency’s longstanding “bona fide news interview” exemption to equal-time rules. Those rules generally require broadcasters to provide comparable airtime opportunities to rival political candidates.
Carr has publicly questioned whether “The View,” whose hosts frequently criticize President Donald Trump and right-wingers in general, should continue receiving the exemption.
According to ABC’s filing, the FCC demanded that KTRK-TV submit additional documentation proving the program still qualifies under the exemption and suggested the station may have violated equal-time regulations by failing to file paperwork related to Talarico’s appearance.
ABC argued that “The View” already received formal exempt status from the FCC in 2002 and that the decision has never been reversed.
“The Commission’s order to file this Petition for Declaratory Ruling is unprecedented, beyond the Commission’s authority, and counterproductive to the Commission’s stated goal of encouraging free speech and open political discussion,” attorney Paul Clement wrote in the filing.
Clement, a prominent conservative attorney who served as solicitor general under former President George W. Bush, signed the petition on ABC’s behalf.
The network also accused the FCC of selectively enforcing equal-time rules. ABC pointed to conservative radio hosts Mark Levin and Glenn Beck, arguing their programs routinely feature political candidates without drawing similar scrutiny from regulators.
Throughout the filing, ABC repeatedly cited Supreme Court precedent protecting editorial discretion and argued the federal government cannot dictate which viewpoints broadcasters are permitted to air.
The network additionally suggested that equal-time rules themselves may face constitutional challenges in today’s media environment, where audiences increasingly consume political content through podcasts, streaming platforms, cable television, and social media.
“The marketplace of ideas has never been more robust,” the filing stated.
ABC warned that limiting the news exemption could discourage broadcasters from covering political campaigns altogether. The filing referenced California’s upcoming gubernatorial “jungle primary,” arguing that equal-time obligations could force stations to provide airtime to dozens of candidates regardless of newsworthiness.
“The government should neither suppress nor compel speech in support of any political viewpoint,” Clement wrote.
The conflict comes amid broader tensions between the FCC and major broadcast networks under Carr’s leadership. Since becoming FCC chairman, Carr has launched investigations into diversity, equity, and inclusion practices at ABC-owned stations and publicly criticized late-night host Jimmy Kimmel over false statements involving slain conservative activist Charlie Kirk.
ABC temporarily suspended Kimmel’s program before later restoring it following criticism.
The FCC has also reportedly reviewed licenses for ABC-owned stations ahead of their normal renewal schedule. Carr explained the agency’s actions as a result of ABC of failing to cooperate fully with federal investigations.
ABC disputed that claim in Friday’s filing, stating the company complied with all FCC requests and produced approximately 11,000 documents during the agency’s inquiry.
An FCC representative doubled down on the equal-time law in comments to the New York Post.
“Decades ago, Congress passed a law that generally prohibits broadcast television programs from putting a thumb on the scale in favor of one political candidate over another,” the representative said.
“Specifically, Congress put protections in place to ensure that covered programs offer legally qualified candidates for office (both Republican and Democrat) equal time on the public airwaves.”
The representative added that the law “encourages more speech and empowers voters to decide the outcome of elections.”
“The FCC will review Disney’s assertion that ‘The View’ is a ‘bona fide news program’ and thus exempt from the political equal time rules,” the spokesperson said.
Disney and ABC did not provide additional public comment beyond the filing.
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