ABC Requests FCC Ruling on 'The View' News Interview Exemption

ABC and KTRK-TV submitted a filing to the FCC that was made public on Friday, May 8, 2026. The filing accuses the Trump administration and FCC of trying to chill constitutionally protected free speech. The filing states that the Commission's actions threaten to upend decades of settled law and practice and chill critical protected speech with respect to The View and more broadly.

The dispute centers on whether the show The View is subject to FCC political equal time rules. FCC Chairman Brendan Carr has indicated he intends to argue that The View is not a bona fide news program. The View received a formal bona fide news exemption from the FCC in 2002 that has never been overturned and has been broadcasting under the exemption for more than twenty years.

A February 2026 interview with Senate candidate James Talarico on The View prompted the FCC investigation. The FCC demanded that KTRK-TV submit a new petition proving The View still qualifies for the exemption and suggested KTRK-TV may have violated equal-time rules by failing to file paperwork tied to Talarico’s appearance.

Paul Clement, who served as solicitor general under former President George W. Bush, signed the ABC filing. The filing states that the Commission's order to file the 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.

The filing argues that narrowing the bona fide news exemption would risk restricting political discourse exactly when it is needed most, ahead of the 2026 midterms.

It states that the marketplace of ideas has never been more robust because Americans get political information from podcasts, cable, social media, streaming on phones, computers or connected TVs. The filing states that some may dislike certain or even most of the viewpoints expressed on The View or similar shows, but such dislike cannot justify using regulatory processes to restrict those views.

It argues the equal time doctrine is not attuned to the realities of the present day because broadcast airwaves are only a slice of media options.

The filing cites California’s upcoming gubernatorial jungle primary in which equal-time obligations could force stations to accommodate more than 60 candidates. It argues the government should neither suppress nor compel speech in support of any political viewpoint. The FCC opened a probe earlier in 2026 into whether The View qualifies for the bona fide news interview exemption.

FCC Chairman Brendan Carr has launched investigations into DEI practices at ABC stations, prompting ABC to produce roughly 11,000 documents in response to FCC requests. The FCC took the unusual step of reviewing licenses for ABC-owned stations years before expiration. Last week the FCC called in the licenses of eight Disney-owned television stations for early review.

ABC enlisted conservative legal heavyweight Paul Clement to sign its petition. The View is produced by ABC News. The full FCC commission consists of Brendan Carr, Anna M. Gomez, and Olivia Trusty. ABC asked the full commission to rule on the equal time exemption for The View.

Anna M. Gomez stated on May 9, 2026 that the days of the FCC as a paper tiger are numbered and that she is glad Disney is choosing courage over capitulation.