ABC lawyers accuse Trump’s FCC of punishing network for political reasons

Lawyers representing an ABC station have accused the Federal Communications Commission (FCC) of punishing the network for political purposes in a strongly worded attack on the Trump-controlled commission’s investigation into top-rated talkshow, The View.

In a legal motion filed on Thursday, KTRK-TV, a Houston-based local television station owned by ABC, pushed back strongly against the FCC investigation, accusing the purportedly independent agency of taking actions that “threaten to upend decades of settled law and practice and chill critical protected speech, both with respect to The View and more broadly”.

Back in February, Brendan Carr, the FCC chair, confirmed to the Guardian that the agency had opened an enforcement action into ABC over The View, looking at whether it had violated equal time rules by featuring a US Senate candidate from Texas, James Talarico, without affording the same platform to his campaign rivals.

KTRK-TV and ABC confirmed that it was still under the impression that the show, which is part of the network’s news division, qualified for an exemption to the equal time rules because it operated as a “bonafide” news interview program, something Carr has challenged.

“The View’s exemption remains valid and the constitutional infirmities in the equal time doctrine are even more pronounced today, when the broadcast airwaves account for a slice of the numerous media options through which Americans get their political information,” the 7 May public filing, which was first highlighted by the New York Times, stated. “While candidates are always able to connect with voters on cable, podcasts, and social media, specifically requiring broadcast airtime for all qualified candidates does not expand speech; rather, it makes coverage infeasible, which ultimately reduces it.”

The station accused the FCC of punishing ABC and The View for political purposes, considering that the show often features liberal guests – though it has long featured at least one conservative voice. The station also argued that conservative programs have unfairly been given a pass.

“Some may dislike certain – or even most – of the viewpoints expressed on The View or similar shows,” the station’s lawyers argued. “Such dislike, however, cannot justify using regulatory processes to restrict those views.”

ABC parent company Disney is also facing an investigation into its diversity, equity and inclusion practices that began last year. Last week, Carr cited the findings of that investigation as the basis for an extraordinary and nearly unprecedented order for ABC to apply early to renew its eight local station licenses, which were not originally supposed to require renewal until 2028 at the earliest and 2031 at the latest.

On Thursday, a group of prominent Senate Democrats sent Carr a letter urging him to rescind the order.

Anna M Gomez, the lone Democrat-appointed FCC commissioner, praised ABC’s response to the equal time investigation in a post on X. “The days of the FCC as a paper tiger are numbered,” she wrote. “What the public will remember is who complied in advance and who fought back. I’m glad Disney is choosing courage over capitulation.”