The FCC has received over 16,000 comments from the public as it evaluates ABC’s petition that the “The View” should qualify as a “bona fide” news program, with the majority in support of the Disney-owned network and daytime talk show.
The figure, which is more than six times the roughly 2,500 comments filed during the entire month prior, comes after ABC launched a viewer awareness campaign on Monday in an effort to rally public support for the petition as well as for the regulator to approve an early broadcast license renewal for its eight owned stations.
Among those who have shown support for Disney and ABC include the ACLU, the Center for Democracy & Technology, the Future of Free Speech, the National Coalition Against Censorship, the Foundation for Individual Rights and Expression, PEN America, five women’s groups, three LGBT groups and 18 public interest/media organizations.
In their various filings, the groups accuse the FCC chairman Brendan Carr of weaponizing the independent agency and using it to silence opposing viewpoints, violating the constitutional rights of the nation’s broadcasters and the public that relies upon them for their access to news and information. They argue that while Carr has said the investigation is being done to enforce public interest obligations, his review of the equal opportunities rule notably excludes right-wing talk radio broadcast programs.
“This proposed change raises concerns that extend well beyond one television program. At stake is whether the federal government will use its regulatory authority to pressure, intimidate, or punish media organizations based on viewpoints expressed in TV and radio programming,” PEN America wrote. “The FCC’s role is not to act as an arbiter of journalism or acceptable commentary. The agency is not—and should not be—a mechanism through which elected officials can pressure media companies.”
Right-leaning and libertarian groups like the Competitive Enterprise Institute, Taxpayers Protection Alliance and Young Voices also warned that Carr and the FCC’s move to strip the bona fide news exemption from “The View” could backfire for conservatives in the future.
“Conservatives have always objected to government control of media. One need only look to earlier this decade to find an occasion when those in power on the left used government power to silence opposing views,” the groups said in a joint letter. “It was wrong then and it is wrong now. Any effort to legitimize such efforts by embedding them into FCC regulations will soon be wielded against conservative outlets, whether it is AM radio or any other medium a Democratically controlled FCC seeks to control.”
At least 19 viewers have also rallied behind ABC and “The View,” with one pointing to the show’s decision to bring on Vice President JD Vance as an example of offering opposing viewpoints. Others called the FCC’s move a threat to free speech and urged it to end its investigation.
“The FCC’s proposed actions are intended to silence dissent. This is deeply un-American and contrary to our most important constitutional rights,” viewer Samuel Dweck wrote. “Under no circumstances should ABC or The View face adverse consequences with regard to their broadcast licenses for expressing a viewpoint. This “Administration” has lost in court at every turn and continues to abuse the administrative agencies by using them as arms of the executive branch to stamp out dissent.”
The flood of comments come after the FCC issued new guidance in January warning that late night and daytime talk shows will not be exempt from the equal opportunities requirements put in place by Congress.
Under the Communications Act of 1934, Congress put protections in place
to ensure equal access to broadcast station facilities for legally qualified candidates for office, regardless of political affiliation. The rule covers individuals who have publicly announced their intention to run for office and qualify under applicable state or federal law to hold the office being sought.
In 2006, the FCC determined that “The Tonight Show with Jay Leno” qualified for an exemption from the rule as a “bona fide news interview” — the first time that such an exemption had been applied to a late night talk show.
The agency said it has “not been presented with any evidence that the interview portion of any late night or daytime television talk show program on air presently would qualify for the bona fide news exemption.” It added that any program that is “motivated by partisan purposes” would not be entitled to an exemption under longstanding FCC precedent.
A month later, FCC chairman Brendan Carr confirmed that the regulator launched an investigation into “The View” for allegedly violating the “equal time” rule when it aired an interview with then Texas Democratic Senatorial candidate James Talarico.
Then in April, the FCC demanded that ABC submit an early license renewal for its eight owned affiliate stations as part of an investigation into Disney’s diversity, equity and inclusion (DEI) practices. A month later, ABC said it was filing the early renewal “under protest” in response to the agency’s “unlawful, arbitrary, and unconstitutional” order.
The public can comment via the FCC’s Electronic Comment Filing System online and enter the corresponding docket number along with their submission.
The deadline for public comment in “The View” proceeding was Monday, with replies due July 6. Meanwhile, the deadline for petitions to deny the license renewal are June 29, while opposition is due July 29 and replies are due Aug. 5.
The docket for “The View” inquiry is No. 26-124, while the docket for the license renewal inquiry is No. 26-131.
