Disney Claims FCC Wants To Edit TV, While Ignoring Radio

Backed by more than 77,000 public comments, the majority in its favor, ABC filed its formal reply with the FCC on Tuesday, arguing that the agency’s investigation into “The View” threatens editorial independence and violates the network’s First Amendment rights.

The broadcaster reiterated its position in the long-running proceeding, urging the FCC to issue a declaratory ruling confirming that the daytime talk show qualifies as a “bona fide” news program exempt from the equal time rule for political candidates. 

ABC stressed it did not initiate the action and accused the commission of overreach.“ABC did not come to the Federal Communications Commission asking for anything,” the filing stated. “The Commission compelled ABC to file the Petition for Declaratory Ruling at issue here, directing the network to explain why the government should not dictate which political candidates may appear on ‘The View’ — even though the Commission itself resolved that very question in ABC’s favor more than two decades ago, ruling in 2002 that ‘The View’ is a bona fide news program not subject to the equal opportunities requirement.”

The network warned that government intervention in editorial decisions sets a dangerous precedent.

“The commenters are right to be concerned. The First Amendment does not permit the government to sit in an editor’s chair,” ABC said. “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 questioned whether regulators can “override a broadcaster’s editorial judgment about whom to interview,” arguing the program’s format and newsworthiness-driven approach remain unchanged since the 2002 ruling. It noted that the only shift has been “the political climate around it.”

The filing criticized the FCC for focusing on daytime and late-night television programs perceived as unfriendly to the current administration while leaving talk radio largely untouched, despite similar candidate appearances without equal time. 

In a statement shared by Carr via social media on Tuesday, the FCC said: “While ABC insists that ‘The View’ is a ‘bona fide news program’ under the law, ABC should focus on complying with its public interest obligations, rather than misleading the public about them.”

ABC also pushed back against opponents’ attempts to introduce new evaluation factors — such as hosts’ opinions, news-to-entertainment ratios, or government-approved journalistic credentials — saying these would force the commission to “grade speech by its viewpoint” in violation of the Constitution.