FCC Set to Rule Against 'The View': Report

ABC’s long-running daytime program “The View” could soon lose a regulatory protection that has allowed it to interview political candidates without providing comparable airtime to their opponents.

The Federal Communications Commission is expected to determine that the Disney-owned program should not qualify as a “bona fide” news interview show, according to a Bloomberg report citing people familiar with the agency’s plans.

A decision could arrive by the end of August. Until the FCC acts, however, the reported outcome remains anticipated rather than final.

Such a ruling would represent a major setback for ABC, which has argued that “The View” should remain exempt from the federal equal-opportunities requirements governing candidate appearances on broadcast television.

The FCC is also reportedly preparing to escalate its separate review of license-renewal applications involving Disney-owned ABC stations. The affected stations operate in major markets including New York, Los Angeles, Chicago, Philadelphia, Houston, San Francisco, Raleigh-Durham, and Fresno, California.

According to the report, the commission could send the license matters to an administrative hearing, a serious step that could place additional pressure on Disney and move the proceedings closer to potentially jeopardizing the stations’ licenses.

Disney is expected to challenge any adverse determination through the administrative or judicial process.

Candidate Interview Triggered FCC Scrutiny

The dispute intensified after “The View” interviewed James Talarico, a Democratic candidate for the U.S. Senate in Texas, in February.

ABC did not provide comparable airtime to every other legally qualified candidate seeking the same office. The network has maintained that it was not required to do so because “The View” qualifies for the news-interview exemption.

Under Section 315 of the Communications Act, when a licensed broadcast station permits a legally qualified candidate to use its facilities, rival candidates are generally entitled to an equal opportunity. Bona fide newscasts, news interviews, documentaries, and on-the-spot coverage of news events can be exempt.

The FCC formally began examining the program after Talarico’s appearance and later requested public comments on whether the show genuinely qualifies as a bona fide news interview program.

The dispute goes beyond a single television appearance. It raises the broader question of whether highly partisan entertainment and opinion programs should be allowed to classify themselves as news whenever doing so shields them from federal equal-opportunity obligations.

Critics have long accused “The View” of providing a friendly platform to Democratic politicians and liberal activists while treating Republicans and conservative viewpoints with hostility.

Complaints alleging political favoritism have come from organizations including the Media Research Center, America First Legal, the Center for American Rights, and the Article III Project.

Since the FCC investigation began, “The View” appears to have become more cautious about inviting candidates involved in competitive elections. A Semafor analysis found that the program had not hosted a candidate in a competitive midterm race since Talarico’s February appearance, although it continued booking elected officials who were not then facing an imminent election.

Carr Moves to Enforce Equal-Opportunity Law

In January, the FCC reminded television networks that the agency intended to enforce the “statutory equal opportunities requirement,” including when candidates appear on daytime and late-night talk programs.

The commission also questioned the assumption that entertainment programs automatically qualify for the news exemption simply because their hosts discuss politics or interview public officials.

At the time, the FCC said it “has not been presented with any evidence that the interview portion of any late-night or daytime television talk show program on the air presently would qualify for the ‘bona fide’ news exemption.”

The agency further warned that programming motivated by partisan purposes may not qualify under longstanding FCC precedent.

FCC Chairman Brendan Carr has argued that his agency is enforcing an existing federal requirement rather than creating a new restriction on political speech.

“On my watch, we’re going to enforce this regulation,” Carr said.

Carr has also challenged the special treatment that major broadcast networks have expected for their political entertainment programs.

“For years, legacy TV networks assumed that their late-night & daytime talk shows qualify as ‘bona fide news’ programs — even when motivated by purely partisan political purposes,” Carr has said.

The equal-opportunity requirement does not necessarily force a network to place competing candidates on the same program. Stations may be able to satisfy their obligations through appearances elsewhere on the network or through other comparable airtime arrangements.

The fundamental principle is that broadcast licensees using public airwaves cannot provide one candidate with a valuable platform while denying legally qualified opponents a comparable opportunity.

ABC Claims First Amendment Violation

ABC has responded aggressively, arguing that “The View” previously received recognition as a bona fide news interview program more than two decades ago.

The company contends that reconsidering that status would interfere with editorial judgment and violate the First Amendment. In filings submitted to the FCC, ABC has accused the commission of targeting programming that is critical of President Donald Trump’s administration.

That argument is likely to become central to Disney’s legal challenge should the FCC rule against the network.

ABC may contend that the government is improperly attempting to decide what constitutes legitimate journalism. The FCC, by contrast, can argue that Disney voluntarily operates stations under federal broadcast licenses and must therefore comply with laws governing the use of the public airwaves.

The distinction is important. The dispute does not concern whether the hosts of “The View” may express liberal political opinions. They remain free to criticize President Trump, Republicans, conservatives, and anyone else.

The issue is whether a partisan daytime program should receive a special regulatory exemption while providing candidates with valuable national television exposure.

For years, legacy media companies have presented politically charged entertainment as journalism when that classification benefited them, while dismissing opposing commentary as illegitimate or dangerous.

A ruling against “The View” would signal that simply discussing politics does not automatically transform an opinion-driven television program into a bona fide news operation.

It would also place Disney and other broadcasters on notice that federal equal-opportunity laws apply regardless of whether network executives approve of the candidates seeking access to their airwaves.

No final decision has yet been announced. But if the reported FCC plans move forward, Disney could soon face both the loss of “The View’s” claimed news exemption and a deeper examination of the licenses supporting some of ABC’s most valuable television stations.