ABC Fires Back at FCC For 'Chilling Effect' on Free Speech

Walt Disney Co.'s ABC network fired back at the Federal Communications Commission on Friday, accusing the regulatory agency of seeking to "chill critical protected speech" and denouncing the government's efforts to shape media content to its liking. ABC outlined its position in a lengthy FCC filing on Friday. It specifically aimed to respond to the FCC's review of its daytime talk show The View, but made clear that the Commission's actions affect the media landscape more broadly. ABC said the Commission's review is "unprecedented," beyond its authority and counterproductive to its "stated goal of encouraging free speech and open political discussion." In January, the FCC, headed by Brendan Carr, told broadcasters that talk shows and late-night programs hosting political candidates have to give equal time to opponents, and that they aren't qualified for exemptions made for "bona fide" news programs. The View is a live, one-hour talk show that consists of a panel of women of different backgrounds who discuss news, politics, pop culture and social issues. The program has won dozens of Emmys. ABC said The View has been broadcasting with an exemption for more than 20 years and its status remains valid. "The government should neither suppress nor compel speech in support of any political viewpoint in order to achieve [the state's] own conception of speech nirvana," according to the filing. "That includes telling a private publisher how to exercise their editorial discretion about what content to carry or favor." Get the California Edition. Get the California Edition. Get the California Edition. The weekly newsletter on the Golden State. The weekly newsletter on the Golden State. The weekly newsletter on the Golden State. Plus Signed UpPlus Sign UpPlus Sign Up By continuing, I agree to the Privacy Policy and Terms of Service. Carr, who was appointed to the post by President Donald Trump last year, has cracked down on media coverage that's perceived to malign the president or to elevate left-leaning voices. Last fall, Carr threatened to pull the broadcast licenses of Disney's affiliate stations that didn't take Jimmy Kimmel Live! off the air after comments the host made about the killing of right-wing political activist Charlie Kirk. Earlier this year CBS didn't air an interview with late-night host Stephen Colbert and Texas state Representative James Talarico, because it said it could run afoul of FCC requirements. (The interview was available to watch online.) In March, Carr again threatened broadcasters with losing their licenses if they don't "operate in the public interest," after Trump complained about coverage of the US-Israeli strikes on Iran. ABC has been a particular target of the Trump administration. Last month, the FCC said it would start an early review of the TV station licenses owned by the network over potential "unlawful discrimination" relating to Disney's diversity, equity and inclusion practices. The move came just a day after Trump told ABC to fire Kimmel over comments he made about the president and first lady. The FCC filing marks a more aggressive stance from Disney and ABC, which has so far been largely compliant with the government's demands. In 2024 Disney settled a $15 million defamation lawsuit brought by Trump against one of ABC's news anchors, and it did pull Kimmel off the air for several days last fall after Carr's threats. Disney has at least one ally on the FCC: the sole Democrat Commissioner, Anna Gomez. "The days of the FCC as a paper tiger are numbered," she said in response to ABC's filing. "What the public will remember is who complied in advance and who fought back. I'm glad Disney is choosing courage over capitulation."