FCC Challenges ‘The View’s’ News Status in Push for Equal-Time Rule Enforcement
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A Legal Challenge to the ‘Bona Fide’ Label
The Federal Communications Commission is intensifying its scrutiny of ABC’s The View, launching a formal proceeding to determine if the long-running talk show truly qualifies as a “bona fide news interview program.” If the FCC decides the show does not meet this criteria, The View could be forced to adhere to the strict equal-time rule, requiring the program to provide comparable airtime to opposing political candidates.
The move, driven by FCC Chairman Brendan Carr, signals a more aggressive regulatory stance toward broadcasters. The FCC Media Bureau’s public notice argues that the equal-time rule is essential to prevent broadcast stations from unfairly tipping the scales for specific political candidates, ensuring that no qualified candidate is denied access to the public airwaves relative to their opponents.
At the heart of the dispute is whether The View’s guest selection and format are driven by genuine newsworthiness or by an intent to support or oppose specific political figures. This is not an isolated incident for Disney-owned ABC. Chairman Carr has recently targeted the network on multiple fronts, including threats against station licenses over Jimmy Kimmel’s content and reviews of the network’s diversity, equity, and inclusion (DEI) policies.
The Precedent of the 2002 Exemption
The legal friction centers on a 2002 determination made during George W. Bush’s first term, which granted The View a bona fide news exemption. ABC contends that this ruling remains in full effect and that the show continues to meet the three-part test used by the commission: whether the program is regularly scheduled, who controls the production, and whether content decisions are based on news value rather than political sabotage.
However, the current FCC leadership has been dismissive of that history. The Media Bureau’s latest notice characterized the 2002 ruling as merely a “letter from an FCC staffer,” while ABC maintains it was a formal Declaratory Ruling from the Mass Media Bureau. This distinction is more than semantic; it determines whether the previous exemption is a binding precedent or a negligible piece of correspondence.
The FCC has a long history of granting such exemptions to non-traditional news formats. Over the last four decades, programs hosted by figures as varied as Bill Maher, Jay Leno, and even Jerry Springer have been granted bona fide exemptions, allowing them to interview politicians without being legally obligated to invite every opposing candidate for a balanced segment.
Constitutional Friction and ‘Mob Rule’
The clash has sparked a fierce divide within the commission itself. Democratic Commissioner Anna Gomez criticized the move, suggesting the FCC is targeting an administration critic through what she described as “mob rule,” urging Disney to fight the proceeding rather than concede.
ABC has responded by escalating the argument to a constitutional level. In its petition, the network argues that the equal-time rule raises profound First Amendment concerns by infringing on the editorial independence of broadcasters. ABC suggests that without a robust news exemption, the rule would be unable to survive constitutional scrutiny.
The FCC has leaned into this challenge, inviting the public to comment not only on The View’s status but on whether the equal-time statute itself is constitutional as applied in this case. While the FCC docket has already seen an influx of comments—many from critics of the show claiming it is not a news program—others have argued that the investigation is unfounded and lacks a formal complaint of a rule violation.
The FCC has set a deadline of June 22 for initial public comments, with reply comments due by July 6.
