The Federal Communications Commission (FCC) is reportedly preparing a ruling that could classify ABC’s talk show "The View" as not being a bona fide news program. This potential decision, which could come before Labor Day according to Bloomberg, would reverse over two decades of precedent and subject the show to federal equal-time rules for political candidates. This move is part of FCC Chairman Brendan Carr’s initiative to reform the agency’s oversight of political programming.
If "The View" loses its news exemption, the program would generally be required to offer comparable airtime to rival candidates when interviewing someone running for office. ABC argues that this requirement would fundamentally alter its editorial discretion and potentially infringe upon First Amendment rights, stating, "The First Amendment does not permit the government to sit in an editor’s chair."
The dispute originated in February following an interview with Texas Democratic Senate candidate James Talarico, which prompted FCC questions about whether rival candidates were entitled to equal airtime under federal broadcast law. Chairman Carr subsequently initiated an inquiry into the show's qualification for the exemption afforded to bona fide news interview programs. In May, ABC and its Houston affiliate requested the FCC reaffirm a 2002 ruling that designated "The View" as exempt.
Beyond the specific ruling on "The View," the FCC is also expected to escalate a separate investigation into Disney’s broadcast television licenses. This could lead to an administrative hearing that might jeopardize ABC-owned stations in major markets such as New York and Los Angeles. These anticipated rulings represent a significant regulatory action against a major U.S. broadcaster.
Disney is expected to challenge any adverse rulings. The FCC Media Bureau's decision on "The View" can be appealed to the full FCC and subsequently to federal court. The license proceeding could also be reviewed by Chairman Carr or the full commission before any judicial appeal.
Amid the ongoing FCC review, "The View" has reportedly scaled back bookings of candidates in competitive races. Producers have also reportedly declined requests to host certain political figures while the inquiry is pending. Meanwhile, conservative organizations have urged the FCC to deny renewal of ABC’s broadcast licenses, citing accusations of political bias and failure to serve the public interest.