ABC accused the Federal Communications Commission on Thursday of violating its First Amendment rights after the agency launched a probe into the network’s political coverage — as tensions between the network and Trump administration mount weeks after the FCC announced a review of ABC-owned broadcasting licenses.
The petition was filed Thursday.
Photo by Gary Hershorn/Getty Images
A petition, filed by a local ABC station in Texas, argues that the FCC’s probe into “The View” over its political coverage threatens to limit news coverage of political candidates” and chill protected speech “for years and potentially decades to come.”
The FCC launched an investigation into “The View” in February, focusing on whether the program gives equal airtime to political candidates.
ABC argued that “The View” qualifies for the “news interview exemption” under FCC rules — which allows broadcasters to feature political candidates on news interview programs without the “equal time” rule, which otherwise forces broadcasters to give equal airtime to all opposing candidates.
ABC’s petition could trigger an intense and high-stakes legal battle, according to The New York Times, which first reported the petition and noted Thursday’s filing is signed by Paul D. Clement, a highly experienced Supreme Court litigator.
Forbes has reached out to the FCC for comment.
FCC Chairman Brendan Carr accused ABC of violating the equal time rule for political candidates after Rep. James Talarico, D-Texas, who is running for Senate, made an appearance on “The View” in February. Carr said in an interview on The Katie Miller Podcast last month, “There's obviously questions have been raised about whether they are, in fact, bona fide news,” speaking about “The View.” He added “We've asked them to file a petition at the FCC to try to get some clarification on that.”
ABC’s petition is one of the most defensive stances a broadcaster has taken against the FCC, which has also investigated major outlets like Comcast and its subsidiary NBCUniversal, opening a probe last year into whether their diversity practices violate FCC regulations and civil rights laws. That investigation is still ongoing and Comcast has not shown any indication it intends to fight the FCC’s probe in court. Paramount Skydance, which owns CBS, has also felt pressure from regulators. In February, Late Show host Stephen Colbert said CBS refused to air an interview he conducted with Talarico after the FCC argued in a statement that talk shows do not qualify for exemptions to the equal time rule. “Let's just call this what it is,” Colbert said during an episode of his show, “Donald Trump's administration wants to silence anyone who says anything bad about Trump on TV, because all Trump does is watch TV.” The president has suggested on multiple occasions that networks with programming critical of him should lose their licenses. Colbert then noted pressure the Trump administration has placed against fellow host Jimmy Kimmel, whose show was briefly taken off the air last year over comments he made about Charlie Kirk. The FCC in April also launched a review of eight ABC stations’ licenses after Kimmel made a joke about First Lady Melania Trump, though the investigation has been attributed to the FCC’s ongoing investigation into Disney’s diversity, equity and inclusion practices.
Colbert Says CBS Refused To Air His Interview With Democrat Candidate Fearing FCC Blowback (Forbes)
FCC Launches Review Of 8 ABC Stations’ Licenses After Kimmel’s Melania Trump Joke (Forbes)
ABC Pulls Jimmy Kimmel ‘Indefinitely’ After Charlie Kirk Comments: Here’s What He Said (Forbes)
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