ABC said in a petition filed Thursday that the Federal Communications Commission’s investigation into whether “The View” qualifies for a news exemption under equal-time rules could affect protected speech ahead of the 2026 elections.
“‘The View’ has been broadcasting under a bona fide news exemption granted to it more than twenty years ago… The Commission has taken no action over the last two decades to modify or overturn the Declaratory Ruling and there is no basis for doing so now,” ABC said in the filing.
The Disney-owned network said the FCC’s January public notice on enforcement of equal-time requirements for candidates “has a chilling effect on First Amendment-protected free speech on the eve of the 2026 elections.” ABC added, “The Commission’s actions threaten to upend decades of settled law and practice and chill critical protected speech, both with respect to ‘The View’ and more broadly.”
ABC said it received the “bona fide news” classification for “The View” in 2002, and that the designation was not disputed until 2026.
The FCC’s review followed a February appearance on “The View” by Texas Democrat James Talarico, who has since won the Democratic primary in the Texas Senate race. ABC said, “The decision to include Talarico was driven by considerations of newsworthiness and audience interest and not an intent to advance his candidacy.”
In January, the FCC said broadcast networks would be required to comply with the “statutory equal opportunities requirement” in the Communications Act of 1934, which bars programs from favoring one political candidate over another and requires covered programs to offer legally qualified candidates equal time on public airwaves.
The agency also said it “has not been presented with any evidence that the interview portion of any late-night or daytime television talk show program on the air presently would qualify for the ‘bona fide’ news exemption.”
According to the report, Disney did not file an equal-time notice with the FCC over Talarico’s appearance, which would indicate the company believes “The View” is exempt.