ABC filed a Petition for Declaratory Ruling to the FCC on Friday following the commission’s announcement that it will be investigating “The View” for violating the organization’s “equal time” rule, a federal regulation that requires radio and TV stations to give equal time to all qualified political candidates.
“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 wrote in the filing.
The filing went on to note that “The View” has been broadcasting under a news exemption that was granted to the program more than 20 years ago that is “consistent with longstanding Commission interpretations designed to minimize the serious First Amendment problems inherent in the equal time regime.” It also noted that there’s “never been a more robust” marketplace for American audiences to seek out political information from all sides, citing the surplus of podcast, cable, social media and streaming options available.
“The free flow of ideas flourishes on these non-broadcast platforms even though the equal opportunities rule does not apply there,” the filing reads.
Back in February, the FCC announced it was investigating “The View” after the daytime talk show aired an episode that featured James Talarico, a Democratic candidate for the Senate in Texas. Talarico’s opponent for nomination, the Democratic U.S. Representative Jasmine Crockett, also appeared on the show.
“The FCC has an enforcement action underway on that,” Chairman Brendan Carr said at the time when asked about whether the commission was looking into potential violations of the “equal time” rule. “And we’re taking a look at it.”
