ABC and Disney urge the FCC to preserve the “bona fide news interview” approach for The View amid First Amendment concerns.
A legal clash with First Amendment stakes is unfolding over broadcast television, with ABC and Disney pressing the FCC to avoid policy moves that they say could chill political speech.
In a filing submitted to the agency. ABC asked the FCC to reaffirm its longstanding treatment of the “bona fide news interview” exemption used by daytime talk shows. arguing that the current direction of FCC activity suggests major changes in policy and practice.. The network specifically points to The View. saying the FCC’s actions raise questions about whether broadcasters’ editorial discretion will be narrowed.
A key worry is that uncertainty around how much control stations have over editorial decisions could discourage coverage of political candidates, affecting speech that the First Amendment is meant to protect.
ABC also alleges the FCC is reconsidering an earlier finding that The View qualifies as a bona fide news program under the rules governing candidate airtime.. The filing further says the agency has asked ABC to file license renewal materials early while an investigation related to Disney’s diversity. equity. and inclusivity (DEI) policies remains underway.. ABC argues that such steps would effectively require the full Commission process and judicial oversight.
The network warns that limiting the scope of the news interview exemption could make political news coverage less feasible. particularly as the 2026 midterm election approaches.. While ABC acknowledges that Americans get political information across many platforms. it argues that broadcasting still plays an important role and that tightening rules could reduce access to candidates rather than increase it.
This matters because broadcasting remains one of the clearest mass channels for political interviews and message-setting, and policy shifts can quickly ripple into how editors decide what to cover.
ABC frames its concerns as a potential pattern of selective scrutiny. pointing to what it describes as differential treatment between daytime and late-night talk shows and “avowedly partisan” radio programming.. The network argues that a disparity in enforcement, if it persists, risks viewpoint discrimination and retaliatory targeting.
The dispute also arrives as ABC faces leadership change at the broader Disney organization. The filing positions the FCC question as a high-profile test for CEO Josh D’Amaro, who succeeded longtime leadership at Disney.
The FCC has not responded immediately to a request for comment, leaving the outcome to turn on how the agency handles the filing and whether any reconsideration of the current exemption framework moves forward.
At the end of the day, the fight is less about any single show than about where the line gets drawn for broadcast editorial freedom and how regulators balance fairness rules with constitutional protections.