ABC fights FCC probe into The View, says commission is violating the First Amendment

At a glance:

• ABC and owner Disney are pushing back against FCC Chairman Brendan Carr's investigation into The View, arguing the commission has exceeded its authority and violated the First Amendment.
• The FCC accused The View of violating the equal-time rule despite a 2002 ruling confirming the show qualifies as a bona fide news program exempt from that requirement.
• ABC filed its response with attorneys Paul Clement, former U.S. solicitor general, and Jennifer Tatel, former FCC general counsel, while free speech groups and even the FCC's lone Democrat voiced support for the broadcaster's stance.

The FCC's challenge and ABC's legal response

ABC is fighting back against the Trump administration's attempt to police broadcast television content, saying in a filing that the Federal Communications Commission is violating the First Amendment. Led by Chairman Brendan Carr, the FCC accused ABC's The View of not complying with the equal-time rule, even though the interview portions of talk shows have historically been exempt from the rule requiring equal time for opposing political candidates. The FCC also opened an unusual review of ABC's broadcast licenses one day after the president and First Lady Melania Trump called on ABC to fire Jimmy Kimmel over a recent joke.

An ABC filing that was made public says the FCC exceeded its authority in actions that "threaten to upend decades of settled law and practice and chill critical protected speech, both with respect to The View and more broadly." The filing is primarily in response to the equal-time investigation, but ABC also seems determined to fight the larger license review. ABC said in its filing that in 2002, the FCC confirmed that The View qualifies as a bona fide news program and is thus exempt from the equal-time rule, also known as the equal-opportunities rule. Programs are not required to obtain exemptions, but ABC chose to file a petition for declaratory ruling in 2000 because The View was planning to invite more political candidates onto the show.

The FCC Media Bureau recently ordered an ABC station to file a new petition for declaratory ruling on The View's status. ABC said the FCC bureau lacks the authority to make that demand. But ABC did file a petition to lay out its case that the FCC is overstepping its authority and violating the First Amendment rights of broadcasters. The filing was submitted by attorney Paul Clement, who served as U.S. solicitor general under President George W. Bush, and Jennifer Tatel, who was an FCC lawyer during the Obama administration and for part of Trump's first term. Tatel was promoted to acting general counsel in 2017 by then-FCC Chairman Ajit Pai, who said she "is known for her legal acumen, FCC expertise, and careful judgment."

Retaliation claims and the political backdrop

Although the license review has been widely seen as retaliation against ABC for employing Kimmel, the FCC says it is related to a yearlong investigation into ABC potentially violating anti-discrimination rules with diversity, equity, and inclusion (DEI) practices. ABC's filing said the company has provided over 11,000 pages of documents and extensive answers to questions for the FCC probe. The FCC called ABC's response inadequate in an order instructing Disney to file early license renewal applications for all of its licensed TV stations by May 28.

ABC pointed to comments that Carr made to Fox about The View, saying the FCC publicly announced its investigation into the program "and presag[ed] an outcome." Carr said in the TV appearance that "when you look at the lineup of guests that have typically been on The View, I think it's an uphill climb for Disney to make the case that they're just a straight news program." The filing also noted that at the end of March, the Media Bureau ordered KTRK Television, a Houston-based ABC station, to file another Petition for Declaratory Ruling regarding The View's status as a bona fide news interview program. In parallel, on April 28, 2026, the Media Bureau issued an extraordinary order demanding the early filing of all of ABC's license renewal applications, including for KTRK-TV.

ABC argued that the FCC appears to be "implementing major shifts in policy and practice, including how the Commission intends to apply the equal opportunities requirements" and that "such an abrupt and substantial change in long-established policy requires the action of the full Commission and the oversight of the courts." The broadcaster also pointed out that the FCC hasn't extended its equal-time crackdown to conservative talk radio shows, naming specific programs: "The Mark Levin Show, The Glenn Beck Program, the Guy Benson Show," and the licensees of "KTBB, WBAP, KPRC, or KSEV." ABC said, "But such a clear disparity in the treatment of broadcasters that ought to be subject to the same treatment under law raises serious concerns about viewpoint discrimination and retaliatory targeting."

Free speech advocates and political reaction

Several free speech advocacy groups cheered ABC's decision to fight. Will Creeley, legal director of the Foundation for Individual Rights and Expression (FIRE), said: "ABC's refusal to quietly allow the federal government to dictate the range of viewpoints it may air without fear of retaliation is welcome and commendable. The Federal Communications Commission is not and cannot become the nation's censor-in-chief, as its chairman once recognized."

Freedom of the Press Foundation Chief of Advocacy Seth Stern said: "The legal theories the FCC asserts against broadcast licensees are frivolous and unconstitutional, and FCC Chair Brendan Carr knows it, but he hopes broadcast licensees will nonetheless self-censor rather than pick a fight. It's about time news outlets start telling Carr and his Donald Trump lapel pin to kick rocks."

Media advocacy group Free Press said ABC seems to have learned from past mistakes. Free Press co-CEO Jessica González said: "I'm pleased that ABC has finally learned that bullies don't stop when companies cower in a corner." González added that Carr's attacks on media are "startling and unpopular across the political spectrum. After Donald and Melania Trump demanded that ABC fire Jimmy Kimmel for making a joke they didn't like, Carr announced that he would conduct an early review of ABC's broadcast licenses—an abuse of power that Senator Ted Cruz and people of all political stripes condemned."

Anna Gomez, the FCC's only Democrat, said the public will remember "who complied in advance and who fought back. I'm glad Disney is choosing courage over capitulation." Legal experts have said the law is on ABC's side if it chooses to fight, and ABC isn't backing down this time — a contrast with its earlier concessions.

Why ABC's past concessions matter

ABC, which is owned by Disney, briefly suspended Kimmel last year after a previous threat by Carr. ABC separately agreed to a $15 million payment to settle a lawsuit that Trump filed in 2024 over statements made by George Stephanopoulos. Those earlier moves were read by critics as signals that the network would fold under political pressure, making this latest filing all the more notable.

ABC's current filing makes the case that The View still meets all of the qualifications for a bona fide news program and that there is no basis for overturning the 2002 order. "Uncertainty as to the scope of broadcast licensees' editorial discretion threatens to limit news coverage of political candidates and chill core First Amendment-protected speech for years and potentially decades to come," ABC told the FCC. "As the 2026 midterm election approaches, the American people need more access to political news and more exposure to political candidates, not less. The Commission therefore must act quickly to assure broadcasters that it will uphold long-established legal standards by affirming that The View continues to qualify for the bona fide news interview exemption under Section 315(a)."

The broadcaster also drew a broader principle: "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 danger is that the government will simply decide which perspectives to regulate and which to leave undisturbed. In fact, while the Commission now questions The View's decades-long exemption, it has not expressed any inclination to apply a similar interpretation of the equal opportunities rule to other broadcasters, including the many voices—conservative and liberal—on broadcast radio."

What happens next

The FCC historically has "recognized that it was Congress's intent that the Commission respect the good-faith news judgments of broadcast licensees," ABC said, arguing that the Carr-led FCC's actions threaten that longstanding approach. With ABC now on record challenging the commission's authority, the case could move toward a formal declaratory ruling or court filing if the FCC does not back down. The timeline is pressing: the FCC ordered early license renewals by May 28, and the 2026 midterm election is approaching.

For now, the standoff puts the broadcast industry on notice. If the FCC succeeds in reclassifying The View or using license reviews as leverage, other broadcasters — conservative or liberal — could face similar scrutiny. ABC's decision to fight, rather than quietly comply, signals that at least one major network is willing to test those boundaries in court.

The View panel as of June 3, 2025, features Whoopi Goldberg, Sara Haines, Joy Behar, Kara Young, and Sunny Hostin.