The Walt Disney Co.’s ABC network and its Houston TV station KTRK responded to the FCC‘s equal-time investigation into The View by calling it “unprecedented” and an affront to free speech in a blistering letter asking for a declaratory ruling.
“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,” the filing states.
“The Commission’s order to file this Petition for Declaratory Ruling isunprecedented, beyond the Commission’s authority, and counterproductive to the Commission’s stated goal of encouraging free speech and open political discussion,” it adds. “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.”
For background: In January the FCC announced plans to change its long-standing rules around “equal opportunity” for political candidates. The change was seen at the time as targeting shows like The View, Jimmy Kimmel Live! and The Late Show, which often feature political guests.
Sources noted to THR that political guests at The View seemed to disappear in the wake of the Talarico investigation.
An appearance from Senate hopeful James Talarico in February sparked an FCC inquiry into the matter, questioning whether The View qualifies as a “bona fide” news program, and is thus exempt from the equal time rules. Disney says that The View has had an exemption on the books dating back to 2002.
The concern from ABC is that the FCC is targeting the program for purely political reasons.
“Some may dislike certain—or even most—of the viewpoints expressed on The View or similar shows.Such dislike, however, cannot justify using regulatory processes to restrict those views,” the filing states.“The government does not get to decide ‘what shall be orthodox in politics, nationalism, religion, or other matters of opinion.’ Or which ‘ideas and beliefs [are] deserving of expression [and] consideration.’ The danger is that the government will simply decide which perspectives to regulate and which to leave undisturbed.In fact, while the Commission now questions The View’s decades-long exemption, it has not expressed any inclination to apply a similar interpretation of the equal opportunities rule to other broadcasters, including the many voices—conservative and liberal—on broadcast radio.”
The filing also notes that “over the past two seasons, for example, producers have extended invitations to JD Vance, Robert F. Kennedy, Jr., Lindsey Graham, Josh Hawley, Elon Musk, Kevin McCarthy, and Marco Rubio, each of whom declined the invitation to appear on the program.
“The critical consideration, however, is not whether the program achieves some government-approved roster of participants but the fact that that the producers’ decisions are not motivated by partisan purposes and are instead motivated by the desire to interview the most newsworthy and impactful guests,” it continues.
The FCC, of course, called in all of Disney’s broadcast licenses for an early renewal last month, giving the company until May 28 to respond. Disney connects the dots between the investigation into The View and Jimmy Kimmel and the broadcast license move, which is ostensibly tied to Disney’s DEI practices.
“The View’s exemption remains valid and the constitutional infirmities in the equal time doctrine are even more pronounced today, when the broadcast airwaves account for a slice of the numerous media options through which Americans get their political information,” the filing states.“Indeed, the marketplace of ideas has never been more robust, and people can hear virtually any brand of political commentary by listening to a podcast, watching cable, scrolling social media, or streaming on a phone, computer or connected TV.The free flow of ideas flourishes on these non-broadcast platforms even though the equal opportunities rule does not apply there.”