ABC is challenging the FCC’s scrutiny of The View. The filing argues the FCC can’t dictate editorial decisions under the First Amendment.
What We Know: ABC has filed a response with the FCC objecting to the agency’s inquiry involving The View. The company argues federal regulators are overstepping their authority by questioning editorial choices made by broadcast news and opinion programs. According to the filing, the Commission’s approach threatens longstanding First Amendment protections for broadcasters. ABC also contends the inquiry singles out certain television programs while ignoring similar practices elsewhere in the media landscape. As a result, the dispute could become a significant test of how far the FCC can go when examining programming decisions made by broadcast licensees.
What They Said: “The First Amendment does not permit the government to sit in an editor’s chair. Yet that is the seat the Commission now proposes to take — deciding which broadcast programs qualify as legitimate news and, for those it finds wanting, compelling them to surrender their airtime to guests they never chose to feature … The Commission has trained its attention on daytime and late-night television — programs perceived as unfriendly to the current administration — while leaving untouched the vast landscape of talk radio, where candidates routinely appear without their opponents. A rule pressed against one set of speakers and quietly suspended for another, along lines that track the administration’s political preferences, is not evenhanded regulation.” -ABC lawyers in FCC filing
What Remains Unclear: The FCC hasn’t indicated when it will rule on the matter or whether additional proceedings will follow. It’s also unknown whether the dispute could prompt broader legal challenges over the Commission’s authority to review editorial practices involving broadcast programming.
What It Means: The filing raises stakes beyond The View. If regulators expand their oversight of editorial decisions, broadcasters could face increased pressure over guest selection and program content. Conversely, a ruling favoring ABC could reinforce constitutional protections that have long limited government involvement in newsroom and programming judgments.
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Garrett Searight is Barrett Media’s News Editor, which includes writing daily news stories, features, and opinion columns. He joined Barrett Media in 2022 after a decade leading several radio brands in several formats, as well as a 5-year stint working in local television. In addition to his work with Barrett Media, he is a radio and TV play-by-play broadcaster. Reach out to him at Garrett@BarrettMedia.com.