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ABC accused the Federal Communications Commission on Thursday of violating its First Amendment rights after the agency launched a probe into the network’s political coverage, as tensions between ABC and the Trump administration mount weeks after the FCC announced a review of ABC-owned broadcasting licenses. The petition was filed Thursday.
A petition filed by a local ABC station in Texas argues that the FCC’s probe into The View over its political coverage threatens to limit news coverage of political candidates and “chill” protected speech for years and potentially decades to come.
The FCC launched an investigation into The View in February, focusing on whether the program gives equal airtime to political candidates.
ABC said The View qualifies for the “news interview exemption” under FCC rules. That exemption allows broadcasters to feature political candidates on news interview programs without triggering the “equal time” rule, which otherwise requires broadcasters to provide equal airtime to all opposing candidates.
The petition could set up a high-stakes legal battle, The New York Times reported. The filing is signed by Paul D. Clement, described by the outlet as a highly experienced Supreme Court litigator.
Forbes said it reached out to the FCC for comment.
FCC Chairman Brendan Carr accused ABC of violating the equal time rule for political candidates after Rep. James Talarico, D-Texas, who is running for Senate, appeared on The View in February.
In an interview on The Katie Miller Podcast last month, Carr said there were “questions” about whether The View is a “bona fide news” program. He added that the FCC had asked ABC to file a petition “to try to get some clarification on that.”
ABC’s petition is described as one of the most defensive stances a broadcaster has taken against the FCC. The agency has also investigated major outlets including Comcast and its subsidiary NBCUniversal, launching a probe last year into whether their diversity practices violate FCC regulations and civil rights laws. That investigation is still ongoing, and Comcast has not indicated it plans to challenge the probe in court.
Paramount Skydance, which owns CBS, has also faced regulatory pressure. In February, The Late Show host Stephen Colbert said CBS refused to air an interview he conducted with Talarico after the FCC argued in a statement that talk shows do not qualify for exemptions to the equal time rule.
Colbert said, “Let’s just call this what it is,” adding that “Donald Trump’s administration wants to silence anyone who says anything bad about Trump on TV.” He also said the president has suggested multiple times that networks with programming critical of him should lose their licenses.
Colbert further referenced pressure the Trump administration placed on Jimmy Kimmel, whose show was briefly taken off the air last year over comments he made about Charlie Kirk.
In April, the FCC also launched a review of eight ABC stations’ licenses after Kimmel made a joke about First Lady Melania Trump. The review has been attributed to the FCC’s ongoing investigation into Disney’s diversity, equity and inclusion practices.
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