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ABC accuses FCC of violating its First Amendment rights over its scrutiny of "The View"
ABC says the FCC’s probe could chill protected speech and upend a 20-year exemption for the daytime talk show.
On Thursday, Disney-owned ABC filed a petition with the Federal Communications Commission challenging an investigation into daytime talk show 'The View,' arguing the agency's actions are "unprecedented" and infringe upon First Amendment-protected speech.
Earlier this year, the FCC, led by Chairman Brendan Carr, initiated enforcement proceedings questioning whether the show qualifies for a 'bona fide' news exemption following the February appearance of Democratic Senate candidate James Talarico from Texas.
ABC's filing, signed by Supreme Court litigator Paul Clement, asserts the show has operated under an exemption for 24 years and disputes incomplete cooperation claims, citing submission of 11,000 documents on schedule.
Separately, the FCC's Media Bureau last week ordered ABC to accelerate license renewals amid clashes over late-night host Jimmy Kimmel's jokes, with Chairman Carr stating Disney must demonstrate it operates in the public interest.
Anna M. Gomez, the lone Democratic appointee on the three-person FCC panel, praised Disney for "choosing courage over capitulation," emphasizing broader implications for how government regulates political expression.