FCC Challenges ‘The View’s’ News Status in New Push to Enforce Equal-Time Rules
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A Regulatory Clash Over Editorial Control
The Federal Communications Commission (FCC) has opened a formal proceeding to determine if ABC’s The View qualifies as a “bona fide news interview program,” a move that could fundamentally alter how the Disney-owned network handles political guests. If the show is stripped of its news exemption, it would fall under the FCC’s “equal-time rule,” which mandates that broadcast stations provide equivalent opportunities for opposing political candidates to appear on non-news programming.
The inquiry, driven by FCC Chairman Brendan Carr, marks a significant escalation in the agency’s scrutiny of ABC. Carr has been vocal about the administration’s view that the FCC should no longer operate as a strictly independent agency, and this latest move follows several other probes into the network’s operations, including an unusual review of ABC’s broadcast licenses related to diversity, equity, and inclusion (DEI) practices.
The Mechanics of the News Exemption
For over four decades, the FCC has granted exemptions to entertainment and talk programs, allowing them to avoid the rigid requirements of the equal-time rule provided their content is driven by newsworthiness rather than partisan strategy. This flexibility has historically applied to figures ranging from Jay Leno and Bill Maher to Howard Stern.
The View actually secured such an exemption in 2002 during the George W. Bush administration. While programs are not strictly required to seek a formal ruling to be considered exempt, the 2002 determination provided ABC with a layer of regulatory certainty. Now, the Media Bureau is asking the public to weigh in on whether the show’s current format and guest selection are based on genuine news value or are designed to support or oppose specific political candidates.
ABC’s First Amendment Defense
ABC has pushed back aggressively, filing a petition that characterizes the FCC’s move as an overreach of authority and a violation of the First Amendment. In its filing, the network argues that The View continues to meet the established three-part test for a news exemption: the program is regularly scheduled, the producer maintains control over the content, and guest selection is based on newsworthiness.
Beyond the status of the show itself, ABC is challenging the constitutionality of the equal-time rule. The network contends that the rule imposes an undue burden on editorial decisions, suggesting that without a robust news exemption, the mandate could not survive constitutional scrutiny.
A Pattern of Targeting
The move has drawn sharp criticism from within the commission. Democratic FCC Commissioner Anna Gomez accused the agency of targeting critics of the current administration by “mob rule,” suggesting that the invitation for public comment is a performative exercise for a decision that has already been made.
This is not the first time Carr has focused on ABC. In September 2025, he threatened the licenses of ABC stations, alleging that the airing of Jimmy Kimmel’s late-night show might violate the news distortion policy—a rule that is rarely enforced in the modern era of broadcasting.
The FCC has set a deadline of June 22 for initial public comments, with reply comments due by July 6. Early submissions to the docket have been split, with some arguing the show is purely entertainment and others claiming the investigation is a politically motivated attack on a long-standing broadcast standard.
