ABC is continuing to fight back forcefully against efforts by federal regulators to reopen the question of whether its popular talk show 鈥淭he View鈥� is subject to equal time rules.
The network, which has in the escalating dispute, argued in a new filing to the Federal Communications Commission, made public Tuesday, that the issue had been resolved by the commission itself more than two decades ago.
The latest ABC filing was required as part of the FCC review process. It consisted of 鈥渞eply comments鈥� to the commission in support of the network’s petition for a declaratory ruling that 鈥淭he View鈥� 鈥� the long-running morning show that combines entertainment and political interviews and often features commentary critical of President Donald Trump 鈥� is a bona fide news program.
ABC cited a 2002 FCC decision qualifying 鈥淭he View鈥� as such, which would mean it’s exempt from equal time rules. Those rules require granting equal airtime to competing candidates for office.
In a May filing, ABC similarly accused the Trump administration of trying to chill its constitutionally protected free speech and hinder open political discussion by reopening the question about 鈥淭he View.鈥�
The dispute over 鈥楾he View鈥� has broader implications
It was the latest volley in a broader dispute inside and outside the legal arena between the U.S. media and the Trump White House over what journalists perceive as the president鈥檚 attack on free speech and the media鈥檚 ability to do its job. Trump has been critical of media outlets whose journalism runs counter to his agenda.
His FCC chairman, Brendan Carr, has indicated he intends to argue that 鈥淭he View鈥� is not a so-called bona fide news program. The issue could affect other shows that similarly combine entertainment and politics.
After the May filing, the FCC on the issue, as part of the review process. ABC pointed out in its filing Tuesday that more than 77,000 comments with 鈥渁n undeniable majority鈥� of the messages supporting 鈥淭he View鈥� and free speech.
鈥淭he commenters are right to be concerned,鈥� the new filing argued. 鈥淭he First Amendment does not permit the government to sit in an editor鈥檚 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.鈥�
It said the dispute over 鈥淭he View鈥� touches on a march larger principle: 鈥渨hether a federal regulator may override a broadcaster鈥檚 editorial judgment about whom to interview 鈥� a judgment the Constitution commits to broadcasters and their audiences, not to the state.鈥�
ABC also argued that 鈥渘othing about 鈥楾he View鈥� that the law cares about has changed since the Commission last answered that question more than two decades ago. … What has changed is not the program but the political climate around it.鈥�
It contended that Carr’s FCC had chosen to focus its attention on daytime and late-night shows 鈥減erceived as unfriendly to the current administration 鈥� while leaving untouched the vast landscape of talk radio, where candidates routinely appear without their opponents.鈥�
That, it said, 鈥渋s not evenhanded regulation.鈥�
FCC suggests ABC is misleading its public
An FCC spokesperson responded, in an email to The Associated Press, with a suggestion that ABC was misleading its public.
鈥淲hile ABC insists that 鈥楾he View鈥� is a 鈥榖ona fide news program鈥� under the law,鈥� the spokesperson said, “ABC should focus on complying with its public interest obligations, rather than misleading the public about them.鈥�
The administration鈥檚 criticism of 鈥淭he View鈥� echoes its displeasure with late-night news hosts who criticize Trump 鈥� especially ABC鈥檚 Jimmy Kimmel. Donald and Melania Trump for a joke in which the comic described the first lady as having 鈥渢he glow of an expectant widow.鈥� Kimmel said the joke was a light roast about the couple鈥檚 age difference.
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Jocelyn Noveck covers the intersection of media and entertainment for The Associated Press.
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