FCC Review of “The View” Exemption Raises First Amendment Concerns

In 2002 the FCC ruled that ABC’s daytime talk show *The View* qualified as a “bona fide news” program, exempt from the equal-time rule. In January the commission issued guidance suggesting daytime and late-night talk shows could no longer assume that exemption. After *The View* aired an interview with Texas Senate candidate James Talarico, the FCC opened a proceeding in May to reassess the show’s status. ABC filed reply comments asserting the 2002 decision remains valid and that the probe threatens editorial independence.

Hollywood Reporter

Public comment totals range from 76,000 to 77,611, many spurred by ABC’s on-air campaign. The Center for American Rights recorded 126 non-political and 12 political guests (nine Democrats, three Republicans) in the first five months of 2026. ABC’s eight owned stations were ordered to file early license renewals.

Deadline Hollywood

ABC argues the FCC is overreaching, saying the First Amendment bars the government from acting as an editor and that *The View* still meets the three-factor news test. An FCC spokesperson replied that ABC should focus on its public-interest obligations and accused the network of misleading the public. Chairman Brendan Carr said the law merely requires offering comparable time and placement and described the commission’s stance as open-minded.

Deadline Hollywood

The Center for American Rights filed a brief labeling *The View* primarily entertainment, citing the guest ratio. Conservative groups—including the Foundation for Equal Rights and Expression, the ACLU, UltraViolet and TechFreedom—submitted comments alleging viewpoint discrimination. Black Women’s Roundtable and the National Coalition on Black Civic Participation argued the exemption protects Black audiences and upholds the 2002 precedent.

FCC Probe of `The View’ Racks Up 77,611 Comments

Sources differ on the exact number of public comments (76,000 vs. 77,000 vs. 77,611) and on the precise political-guest count, while the FCC has not yet issued a final ruling.

FCC Probe of `The View’ Racks Up 77,611 Comments

• “The First Amendment does not permit the government to sit in an editor’s chair. Yet that is the seat the Commission now proposes to take — deciding which broadcast programs qualify as legitimate news and, for those it finds wanting, compelling them to surrender their airtime to guests they never chose to feature.” — ABC legal team

Hollywood Reporter

• “The law simply requires the offering of comparable time and placement,” — Brendan Carr, FCC Chairman

Deadline Hollywood

• “A rule pressed against one set of speakers and quietly suspended for another, along lines that track the administration’s political preferences, is not evenhanded regulation.” — ABC filing

Hollywood Reporter

• “ABC did not come to the Federal Communications Commission asking for anything,” — ABC filing

Hollywood Reporter

The FCC’s comment period closed on July 6; no decision yet. ABC’s eight stations must answer early license-renewal orders by August 5, and the network says it will seek judicial review if the exemption is withdrawn before the 2026 election.

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