ABC Defends The View Editorial Independence in FCC Filing

ABC filed a response in an FCC public comment proceeding defending the editorial independence of The View, Deadline reported. The network's legal team, led by Paul Clement, argued that the First Amendment bars the government from deciding which programs qualify as legitimate news.

Senate in Texas. The probe targets ABC’s owned station in Houston, which maintained that the program qualifies as a bona fide news show exempt from equal time requirements. The equal time rule requires broadcasters to offer comparable airtime to rival candidates when a political candidate appears, if requested.

ABC stated that the FCC action is unprecedented and diverges from prior treatment of talk shows. A 2002 FCC ruling had confirmed The View’s exemption because it is produced under the network’s news division. Carr opened the public comment proceeding in May.

More than 76,000 comments have been filed, with ABC claiming the overwhelming majority urged respect for broadcaster editorial independence. The volume of comments increased after ABC ran an on-air ad campaign last month. The ad stated that The View has welcomed guests and covered issues for nearly 30 years and warned that the FCC wants to control who appears.

Carr responded last month that the law requires only the offering of comparable time and placement. ABC countered that applying the rule to shows like The View would make coverage infeasible and reduce speech, citing California’s gubernatorial primary with 60 qualified candidates.

In January the FCC issued guidance that daytime and late-night television talk shows should not assume exemption from the rule.