NEW YORK (AP) 鈥� In a strongly worded filing, ABC accuses the Trump administration of trying to chill its constitutionally protected free speech and hinder open political discussion.
The point of contention: The popular show and whether it’s subject to equal time rules.
ABC鈥檚 filing to the Federal Communications Commission, made public Friday, came in a dispute involving one ABC station in Houston, KTRK-TV. But the wording indicated the network was embarking on a broader battle with the administration.
鈥淭he Commission鈥檚 actions threaten to upend decades of settled law and practice and chill critical protected speech, both with respect to The View and more broadly,鈥� said the filing on behalf of both KTRK-TV and ABC.
The commission replied, in a statement emailed to The Associated Press, that equal time law 鈥渆ncourages more speech and empowers voters to decide the outcome of elections. The FCC will review Disney鈥檚 assertion that 鈥楾he View鈥� is a 鈥榖ona fide news program鈥� and thus exempt from the political equal time rules.鈥�
The ABC filing appeared to be the latest volley inside and outside the legal arena between the U.S. media and the Trump White House over what journalists perceive as the president鈥檚 attack on free speech and the media鈥檚 ability to do its job. Trump has been critical of media outlets whose journalism runs counter to his agenda and sensibilities.
Among legal battles in the courts: a dispute between the over access; a battle between the White House and over how to refer to the Gulf of Mexico; and Trump鈥檚 anger at over reporting about Jeffrey Epstein.
The dispute concerns content on 鈥淭he View,鈥� ABC鈥檚 long-running morning talk show, which combines entertainment and political interviews and often features commentary critical of Trump. The filing referenced the FCC鈥檚 revisiting, with legal action, the question of whether 鈥淭he View鈥� should fall under equal time rules. The rules require granting equal airtime to competing candidates for office.
At issue: Whether 鈥楾he View鈥� is subject to equal time rules
海角社区app programs are exempt from the rules. Trump鈥檚 FCC chairman, Brendan Carr, has indicated he intends to argue that 鈥淭he View鈥� is not a so-called 鈥渂ona fide news program.鈥� The issue could affect other shows that similarly combine entertainment and politics.
In its filing, ABC argued that 鈥溾�楾he View鈥� has been broadcasting under a bona fide news exemption granted to it more than twenty years ago, consistent with longstanding Commission interpretations designed to minimize the serious First Amendment problems inherent in the equal time regime.鈥�
The network also argued that the decades-old equal time doctrine was not attuned to the realities of the present day, when 鈥渢he broadcast airwaves account for a slice of the numerous media options through which Americans get their political information. Indeed, the marketplace of ideas has never been more robust, and people can hear virtually any brand of political commentary by listening to a podcast, watching cable, scrolling social media, or streaming on a phone, computer or connected TV. The free flow of ideas flourishes on these non-broadcast platforms even though the equal opportunities rule does not apply there.鈥�
ABC argues that free political discourse is needed now more than ever
Narrowing the FCC鈥檚 longtime approach to so-called 鈥渂ona fide news exemptions,鈥� it said, 鈥渨ould risk restricting political discourse exactly when it is needed most.鈥�
The administration鈥檚 criticism of 鈥淭he View鈥� echoes its displeasure with late-night news hosts who criticize Trump 鈥� especially ABC鈥檚 Jimmy Kimmel.
Donald and Melania Trump for a joke in which the comic described the first lady as having 鈥渢he glow of an expectant widow.鈥�
The joke came two nights before the White House Correspondents鈥� Association dinner, which was cut short when tried to enter the Washington ballroom where the Trumps were gathered along with much of the nation鈥檚 leadership and Washington media. Kimmel said the joke was a light roast about the couple鈥檚 age difference 鈥� and certainly not a reference to assassination.
In a footnote, ABC noted that 鈥淭he View鈥� has long featured a panel including women of different backgrounds to discuss issues of the day.
鈥淎lthough the lineup of the co-hosts has changed over the years, 鈥楾he View鈥� has consistently prioritized having a panel of women from different backgrounds in order to facilitate interesting discourse and the exchange of divergent perspectives,鈥� it said.
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