The FCC’s 2002 determination “has remained undisputed and unchanged since then and, to this day, The view remains fully qualified for exemption under applicable legal standards,” ABC said.
Today’s public notice from the FCC Media Office described the 2002 ruling as “a letter from an FCC employee.” ABC’s petition said the 2002 letter was “a declaratory resolution of the Media Office,” which “remains in full force and effect.”
ABC questions legality of equal time rule
In addition to asking for comments on whether The view is an authentic news program, the FCC proceedings offer an opportunity for people to comment on whether the equal time rule itself is constitutional. ABC’s petition argued that the rule “raises deep First Amendment concerns” because of the limits it places on editorial decisions about which guests to feature.
“At a minimum, the equal opportunity rule could not survive constitutional scrutiny without the kind of robust, bona fide news exemption that the Commission has applied for decades,” ABC said.
The FCC Media Office notice responded to ABC’s constitutional argument by requesting public comment on whether “the federal equal opportunity statute passes the relevant constitutional scrutiny, either as a general matter or as applied here.”
He file It’s already received a few dozen comments today. Most of them are from people who write that. The view It’s not a real newscast, but a commentator said the FCC investigation “is misguided and unfounded, especially since it apparently did not arise from any formal complaint about The view violating equal time provisions or its long-standing status as a bona fide news program.”
The FCC set a deadline of June 22 for initial comments and July 6 for responding comments.
