ABC refuses to capitulate to Trump admin, fights FCC probe into The View

ABC, which is owned by Disney, briefly suspended Kimmel last year after a previous threat by Carr. ABC separately agreed to a $15 million payment to settle a lawsuit that Trump filed in 2024 over statements made by George Stephanopoulos. This time, ABC isn’t backing down. Legal experts have said the law is on ABC’s side if it chooses to fight. Several free speech advocacy groups cheered ABC’s decision to fight today. “ABC’s refusal to quietly allow the federal government to dictate the range of viewpoints it may air without fear of retaliation is welcome and commendable,” said Will Creeley, legal director of the Foundation for Individual Rights and Expression (FIRE). “The Federal Communications Commission is not and cannot become the nation’s censor-in-chief, as its chairman once recognized.” Freedom of the Press Foundation Chief of Advocacy Seth Stern said, “The legal theories the FCC asserts against broadcast licensees are frivolous and unconstitutional, and FCC Chair Brendan Carr knows it, but he hopes broadcast licensees will nonetheless self-censor rather than pick a fight. It’s about time news outlets start telling Carr and his Donald Trump lapel pin to kick rocks.” Anna Gomez, the FCC’s only Democrat, said the public will remember “who complied in advance and who fought back. I’m glad Disney is choosing courage over capitulation.” The filing for ABC was submitted by attorney Paul Clement, who served as US solicitor general under President George W. Bush; and Jennifer Tatel, who was an FCC lawyer during the Obama administration and for part of Trump’s first term. Tatel was promoted to acting general counsel in 2017 by then-FCC Chairman Ajit Pai, who said she “is known for her legal acumen, FCC expertise, and careful judgment.” ABC’s filing said that The View still meets all of the qualifications for a bona fide news program and that there is no basis for overturning the 2002 order. “Nevertheless, at the end of March, the Media Bureau ordered KTRK Television [a Houston-based ABC station] to file another Petition for Declaratory Ruling regarding The View’s status as a bona fide news interview program,” ABC said. “In parallel, on April 28, 2026, the Media Bureau issued an extraordinary order demanding the early filing of all of ABC’s license renewal applications, including for KTRK-TV.” Although the license review has been widely seen as retaliation against ABC for employing Kimmel, the FCC says it is related to a yearlong investigation into ABC potentially violating anti-discrimination rules with diversity, equity, and inclusion (DEI) practices. ABC’s filing said the company has provided over 11,000 pages of documents and extensive answers to questions for the FCC probe. The FCC called ABC’s response inadequate in an order instructing Disney to file early license renewal applications for all of its licensed TV stations by May 28. Citing comments that Carr made to Fox about The View, ABC said the FCC publicly announced its investigation into the program “and presag[ed] an outcome.” Carr said in the TV appearance that “when you look at the lineup of guests that have typically been on The View, I think it’s an uphill climb for Disney to make the case that they’re just a straight news program.” The FCC appears to be “implementing major shifts in policy and practice, including how the Commission intends to apply the equal opportunities requirements,” ABC said. “Such an abrupt and substantial change in long-established policy requires the action of the full Commission and the oversight of the courts.” ABC pointed out that the FCC hasn’t extended its equal-time crackdown to conservative talk radio shows. The FCC “has not made any public announcements that it is investigating The Mark Levin Show, The Glenn Beck Program, the Guy Benson Show, or the licensees of KTBB, WBAP, KPRC, or KSEV. Nor should it,” ABC said. “But such a clear disparity in the treatment of broadcasters that ought to be subject to the same treatment under law raises serious concerns about viewpoint discrimination and retaliatory targeting.” The FCC historically has “recognized that it was Congress’s intent that the Commission respect the good-faith news judgments of broadcast licensees,” ABC said. The Carr-led FCC’s actions threaten that longstanding approach, it said. “Uncertainty as to the scope of broadcast licensees’ editorial discretion threatens to limit news coverage of political candidates and chill core First Amendment-protected speech for years and potentially decades to come,” ABC told the FCC. “As the 2026 midterm election approaches, the American people need more access to political news and more exposure to political candidates, not less. The Commission therefore must act quickly to assure broadcasters that it will uphold long-established legal standards by affirming that The View continues to qualify for the bona fide news interview exemption under Section 315(a).”