ABC is pushing back against the Trump administration's attempt to police what appears on broadcast television, arguing in a filing that the Federal Communications Commission is trampling on the First Amendment like it's a welcome mat at Mar-a-Lago.
Led by Chairman Brendan Carr, the FCC accused ABC's The View of violating the equal-time rule - even though interview portions of talk shows have historically been exempt from the requirement that opposing political candidates get equal airtime. The FCC also launched an unusual review of ABC's broadcast licenses one day after President Trump and First Lady Melania Trump demanded that ABC fire Jimmy Kimmel over a joke they didn't find funny. Because nothing says 'free speech' like threatening a network's license over a punchline.
An ABC filing made public today said the FCC exceeded its authority in actions that 'threaten to upend decades of settled law and practice and chill critical protected speech, both with respect to The View and more broadly.' While the filing primarily addresses the equal-time investigation, ABC appears equally determined to fight the broader license review - which is basically the FCC's way of saying, 'Nice little network you got there. Shame if something happened to it.'
ABC reminded the FCC that in 2002, the agency itself confirmed The View qualifies as a bona fide news program and is thus exempt from the equal-time rule (also known as the equal-opportunities rule, because regulators love redundancy). The network filed a petition for declaratory ruling in 2000 because it planned to invite more political candidates onto the show - a decision that apparently prompted the FCC to store a grudge for 25 years.
The FCC Media Bureau recently ordered an ABC station to file a new petition for declaratory ruling on The View's status. ABC said the bureau lacks the authority to make that demand. But ABC did file a petition anyway, laying out its case that the FCC is overstepping and violating broadcasters' First Amendment rights.
'Some may dislike certain - or even most - of the viewpoints expressed on The View or similar shows,' ABC said, with the diplomatic restraint of someone trying not to get their license revoked. 'Such dislike, however, cannot justify using regulatory processes to restrict those views.' The network noted that while the FCC questions The View's decades-long exemption, it hasn't expressed any inclination to apply the same interpretation to conservative radio hosts like Mark Levin, Glenn Beck, or Guy Benson. Funny how that works.
ABC, which is owned by Disney, briefly suspended Kimmel last year after a previous threat by Carr. The network separately agreed to a $15 million settlement in a lawsuit Trump filed in 2024 over statements made by George Stephanopoulos. But this time, ABC isn't backing down. Legal experts have said the law is on ABC's side if it chooses to fight - which, given the current administration, is about as reassuring as a seatbelt on a roller coaster.
Several free speech advocacy groups cheered ABC's decision. 'ABC's refusal to quietly allow the federal government to dictate the range of viewpoints it may air without fear of retaliation is welcome and commendable,' said Will Creeley, legal director of the Foundation for Individual Rights and Expression (FIRE). 'The Federal Communications Commission is not and cannot become the nation's censor-in-chief, as its chairman once recognized.'
Freedom of the Press Foundation Chief of Advocacy Seth Stern was blunter: 'The legal theories the FCC asserts against broadcast licensees are frivolous and unconstitutional, and FCC Chair Brendan Carr knows it, but he hopes broadcast licensees will nonetheless self-censor rather than pick a fight. It's about time news outlets start telling Carr and his Donald Trump lapel pin to kick rocks.'
Media advocacy group Free Press said ABC seems to have learned from past mistakes. 'I'm pleased that ABC has finally learned that bullies don't stop when companies cower in a corner,' Free Press co-CEO Jessica González said. She added that Carr's attacks on media are 'startling and unpopular across the political spectrum.'
Anna Gomez, the FCC's only Democrat, put it succinctly: 'The public will remember who complied in advance and who fought back. I'm glad Disney is choosing courage over capitulation.'
The filing was submitted by attorney Paul Clement, who served as US solicitor general under President George W. Bush, and Jennifer Tatel, an FCC lawyer during the Obama administration and part of Trump's first term. Because apparently you need a bipartisan legal dream team to tell the government it can't act like a censorship bureau.
ABC's filing argued that The View still meets all qualifications for a bona fide news program and that there's no basis for overturning the 2002 order. But at the end of March, the Media Bureau ordered KTRK Television (a Houston-based ABC station) to file another petition for declaratory ruling. Then on April 28, 2026, the Media Bureau issued an 'extraordinary order' demanding early filing of all ABC's license renewal applications, including for KTRK-TV.
Although the license review has been widely seen as retaliation for employing Kimmel, the FCC claims it's related to a yearlong investigation into ABC's diversity, equity, and inclusion (DEI) practices. ABC said it has provided over 11,000 pages of documents and extensive answers - which the FCC deemed inadequate, ordering Disney to file early license renewal applications for all its licensed TV stations by May 28.
ABC pointed out that Carr publicly discussed the investigation on Fox, saying 'when you look at the lineup of guests that have typically been on The View, I think it's an uphill climb for Disney to make the case that they're just a straight news program.' Which is a bit like a judge announcing the verdict before the trial.
The FCC appears to be 'implementing major shifts in policy and practice,' ABC said, arguing that such changes require the action of the full Commission and court oversight.
ABC also noted that the FCC hasn't extended its equal-time crackdown to conservative talk radio shows like The Mark Levin Show, The Glenn Beck Program, or the Guy Benson Show. 'Nor should it,' ABC said, before adding: 'But such a clear disparity in the treatment of broadcasters that ought to be subject to the same treatment under law raises serious concerns about viewpoint discrimination and retaliatory targeting.'
'Uncertainty as to the scope of broadcast licensees' editorial discretion threatens to limit news coverage of political candidates and chill core First Amendment-protected speech for years and potentially decades to come,' ABC told the FCC. 'As the 2026 midterm election approaches, the American people need more access to political news and more exposure to political candidates, not less. The Commission therefore must act quickly to assure broadcasters that it will uphold long-established legal standards by affirming that The View continues to qualify for the bona fide news interview exemption under Section 315(a).'