ABC is accusing the Trump administration of violating its First Amendment rights, a major escalation in a regulatory dispute centering on “The View.”
The Walt Disney-owned broadcaster blasted Federal Commissions Commission Chairman Brendan Carr for what it called an “unprecedented” campaign to punish speech that regulators dislike, warning the agency’s actions could chill political coverage ahead of the 2026 midterms.
“Some may dislike certain — or even most — of the viewpoints expressed on ‘The View’ or similar shows,” the filing stated. “Such dislike, however, cannot justify using regulatory processes to restrict those views.”
The filing, submitted on behalf of Houston ABC affiliate KTRK-TV, could set up a major constitutional showdown over federal oversight of broadcast television. it also marked a pivot from ABC’s stance when it settled a defamation lawsuit from President Trump for $15 million after he won the 2024 election.
ABC enlisted conservative legal heavyweight Paul Clement, who served as solicitor general under former President George W. Bush, to sign its petition.
Earlier this year, the FCC opened a probe into whether “The View” qualifies for the commission’s decades-old “bona fide news interview” exemption to equal-time rules that require broadcasters to give rival political candidates equivalent airtime. A February interview with Senate candidate James Talarico, a Texas Dem, prompted the investigation.
Carr has publicly questioned whether the daytime talk show — whose hosts frequently savage Trump — should continue to benefit from the equal-time rule exemption.
According to ABC’s new filing, the agency demanded KTRK-TV submit a new petition proving the show still qualifies for the exemption and suggested the station may have violated equal-time rules by failing to file paperwork tied to Talarico’s appearance.
The network contends that “The View” already secured formal exempt status from the FCC, in 2002, adding that the ruling has never been overturned.
“The Commission’s order to file this Petition for Declaratory Ruling is unprecedented, beyond the Commission’s authority, and counterproductive to the Commission’s stated goal of encouraging free speech and open political discussion,” Clement wrote.
The filing also suggested the FCC is enforcing the rules selectively — ignoring formats like talk radio.
ABC pointed to syndicated radio stars Mark Levin and Glenn Beck, arguing their programs routinely feature political candidates without provoking FCC scrutiny.
The filing repeatedly invoked Supreme Court precedent protecting editorial discretion, arguing the government cannot dictate what viewpoints broadcasters carry.
The network also suggested the equal-time regime itself may no longer survive constitutional scrutiny in an era dominated by podcasts, streaming platforms, cable TV and social media.
“The marketplace of ideas has never been more robust,” the filing stated, noting Americans now get political information from “podcasts, watching cable, scrolling social media, or streaming on a phone.”
The network warned that narrowing the exemption would discourage broadcasters from covering campaigns altogether.
ABC cited California’s upcoming gubernatorial “jungle primary,” arguing equal-time obligations could force stations to accommodate more than 60 candidates regardless of newsworthiness.
“The government should neither suppress nor compel speech in support of any political viewpoint,” Clement wrote.
The clash comes as Carr has been ramping up pressure on legacy broadcasters.
Since becoming FCC chairman last year, he has launched investigations into DEI practices at ABC stations and publicly threatened sanctions tied to late-night host Jimmy Kimmel after comments about slain conservative activist Charlie Kirk sparked outrage from Trump allies.
ABC temporarily suspended Kimmel’s show before eventually restoring it following backlash over free-speech concerns.
The FCC has also taken the unusual step of reviewing licenses for ABC-owned stations years before expiration.
Carr has defended the actions by accusing ABC of failing to cooperate fully with the agency’s DEI investigation.
But ABC disputed that characterization in Friday’s filing, saying it complied with all FCC demands and produced roughly 11,000 documents in response to agency requests.
“Decades ago, Congress passed a law that generally prohibits broadcast television programs from putting a thumb on the scale in favor of one political candidate over another,” an FCC rep told The Post.
“Specifically, Congress put protections in place to ensure that covered programs offer legally qualified candidates for office (both Republican and Democrat) equal time on the public airwaves.”
The rep added that the equal time law “encourages more speech and empowers voters to decide the outcome of elections.”
“The FCC will review Disney’s assertion that ‘The View’ is a ‘bona fide news program’ and thus exempt from the political equal time rules,” the rep added.
The Post has sought comment from Disney. ABC had no additional comment.
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