ABC fights back against FCC regulators in dispute over ‘The View’ and equal time rules

ABC is continuing to fight back forcefully against efforts by federal regulators to reopen the question of whether its popular talk show “The View” is subject to equal time rules.

The network, which has accused the Trump administration of trying to chill free speech in the escalating dispute, argued in a new filing to the Federal Communications Commission, made public Tuesday, that the issue had been resolved by the commission itself more than two decades ago.

The latest ABC filing was required as part of the FCC review process. It consisted of “reply comments” to the commission in support of the network’s petition for a declaratory ruling that “The View” — the long-running morning show that combines entertainment and political interviews and often features commentary critical of President Donald Trump — is a bona fide news program.

ABC cited a 2002 FCC decision qualifying “The View” as such, which would mean it’s exempt from equal time rules. Those rules require granting equal airtime to competing candidates for office.

In a May filing, ABC similarly accused the Trump administration of trying to chill its constitutionally protected free speech and hinder open political discussion by reopening the question about “The View.”

The dispute over ‘The View’ has broader implications

It was the latest volley in a broader dispute inside and outside the legal arena between the U.S. media and the Trump White House over what journalists perceive as the president’s attack on free speech and the media’s ability to do its job. Trump has been critical of media outlets whose journalism runs counter to his agenda.

His FCC chairman, Brendan Carr, has indicated he intends to argue that “The View” is not a so-called bona fide news program. The issue could affect other shows that similarly combine entertainment and politics.

After the May filing, the FCC opened a public comment period on the issue, as part of the review process. ABC pointed out in its filing Tuesday that more than 77,000 comments have been submitted by the public, with “an undeniable majority” of the messages supporting “The View” and free speech.

“The commenters are right to be concerned,” the new filing argued. “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.”

It said the dispute over “The View” touches on a march larger principle: “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 argued that “nothing about ‘The View’ that the law cares about has changed since the Commission last answered that question more than two decades ago. … What has changed is not the program but the political climate around it.”

It contended that Carr’s FCC had chosen to focus its attention on daytime and late-night shows “perceived as unfriendly to the current administration — while leaving untouched the vast landscape of talk radio, where candidates routinely appear without their opponents.”

That, it said, “is not evenhanded regulation.”

FCC suggests ABC is misleading its public

An FCC spokesperson responded, in an email to The Associated Press, with a suggestion that ABC was misleading its public.

“While ABC insists that ‘The View’ is a ‘bona fide news program’ under the law,” the spokesperson said, “ABC should focus on complying with its public interest obligations, rather than misleading the public about them.”

The administration’s criticism of “The View” echoes its displeasure with late-night news hosts who criticize Trump — especially ABC’s Jimmy Kimmel. Donald and Melania Trump recently both called for ABC to fire Kimmel for a joke in which the comic described the first lady as having “the glow of an expectant widow.” Kimmel said the joke was a light roast about the couple’s age difference.

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Jocelyn Noveck covers the intersection of media and entertainment for The Associated Press.