• by Wendy Davis , May 22, 2026

The Federal Communications Commission on Friday sought public comments about whether ABC's "The View" is subject to the so-called "equal time" rule.

That rule broadly says broadcasters that give free air time to "legally qualified" candidates must also offer their rivals an opportunity for free air time.

But the rule has built-in exceptions for "bona fide" newscasts, interviews and documentaries.

Since at least 1984, the FCC has said talk shows -- including "The Phil Donahue Show," "The Jerry Springer Show," “The Howard Stern Show” and "The Tonight Show With Jay Leno" -- qualify for the exemption.

The FCC's request for input comes in a battle that has been brewing since February, when "The View" broadcast an interview with Texas State Rep. James Talarico, who was then seeking the Democratic nomination for U.S. Senate.

Soon after the interview aired, the FCC launched an investigation into whether ABC violated the rule.

Earlier this month, ABC petitioned the FCC to declare that the "The View" is exempt as a bona fide news interview program.

"Until now, it has never been disputed that The View qualifies as a bona fide news interview program," ABC wrote, adding that FCC's "Mass Media Bureau" ruled in 2002 that the show was exempt.

"The Commission has taken no action over the last two decades to modify or overturn the declaratory ruling and there is no basis for doing so now," ABC added.

The broadcaster also argued that applying the rule to "The View" would raise First Amendment concerns.

"By forcing broadcasters to air all qualified candidates without regard to their newsworthiness, the rule squelches editorial discretion," ABC wrote. "Sometimes that means a broadcaster will be compelled to change its offerings and broadcast speech it views as unnewsworthy, and sometimes it means a broadcaster will self-censor and refrain from speech it believes is newsworthy to avoid obligations to multitudes of less-newsworthy aspirants to elected office."

ABC also noted in its petition that Talarico's opponent in the race, Rep. Jasmine Crockett, appeared on "The View" in January.

FCC Chair Brendan Carr said Friday in a post on X that TV programs "do not qualify as 'bona fide news' if their decisions are based on partisan purposes, such as an intention to advance or harm an individual’s candidacy."

He added: "Congress originally passed the equal opportunities law to prevent media gatekeepers from deciding the outcome of elections. The law, even when it applies, does not prohibit anyone from having any candidate appear on any show."

In addition to investigating ABC over "The View," the FCC also recently directed the broadcaster to apply for early license renewal for eight owned-and-operated stations.

That order came almost immediately after President Donald Trump called on ABC to oust Jimmy Kimmel, prompting accusations that the FCC was retaliating against the network over lawful speech.

"This order is the latest and most extreme step in your use of the FCC’s licensing authority as a cudgel against broadcasters whose editorial choices displease the President," Senator Ed Markey said in a May 7 letter to Carr. "You have effectively converted the FCC’s authority over the public airwaves into an instrument of presidential retribution against constitutionally protected speech."

For its part, the FCC said it was reviewing ABC's licenses early due to concerns over "discrimination" -- by which the agency means "diversity, equity and inclusion."

The agency is accepting initial comments on "The View" through June 22, and will accept replies to those comments through July 6.