ABC Challenges FCC Over First Amendment and Broadcast Content Control

ABC has launched a legal challenge against the Federal Communications Commission, alleging that the agency is violating the First Amendment through its attempts to regulate broadcast television content.

The conflict involves efforts led by FCC Chairman Brendan Carr to police the content of television programming, specifically targeting the network’s daytime talk show, The View.

The FCC has accused The View of failing to comply with the equal-time rule. This regulation generally requires that broadcast stations provide equal airtime to opposing political candidates for the same office.

In its defense, ABC noted that the interview portions of talk shows have historically been exempt from the requirements of the equal-time rule.

Beyond the investigation into The View, the FCC has also initiated an unusual review of ABC’s broadcast licenses.

This license review was opened one day after President Donald Trump and First Lady Melania Trump publicly called for ABC to fire host Jimmy Kimmel following a recent joke made by the comedian.

In a legal filing made public on May 8, 2026, ABC argued that the FCC has exceeded its regulatory authority.

threaten to upend decades of settled law and practice and chill critical protected speech, both with respect to The View and more broadly

ABC filing

While the filing is primarily a response to the equal-time investigation, ABC indicated it is also prepared to contest the broader review of its broadcast licenses.