Disney, which owns ABC, is claiming “The View” is a news program that is exempt from the “Equal-Time Rule” at the Federal Communications Commission. That rule, which was imposed for political candidates, dates to the days of radio airwaves and is now nearly 100 years old. A newer federal law, passed in 1959, added four “bona fides” for the exemption, including newscasts and news interviews.
Recognition by the FCC as a news program would exempt "The View" from the Equal-Time Rule, and it could avoid a requirement to give equal time to political views on its weekday program.
Disney is currently making its case about “The View” after the FCC, under hard-charging Commissioner Brendan Carr, announced in January it is clamping down on liberal-leaning programs that have escaped FCC scrutiny.
Such programs include late-night TV comedy shows, which schmooze with Democrats, as well as “The View." Its angry, liberal co-hosts are famous for their rants against President Trump and Republicans.
Beyond the liberal tilt of "The View", where even the supposed conservatives complain about Trump, the Media Research Center reported in April the program has welcomed 27 liberal guests and only one conservative since the beginning of the year.
Of those 27 Democrats, eight of them are Democrat politicians, and three of those politicians were declared candidates when they appeared on the show. Giving those Democrats air time drew the attention of Carr, MRC reported.
Discussing the Disney versus FCC feud, constitutional attorney Mike Donnelly told American Family Radio he disagrees with “The View” and its co-hosts, but Donnelly said he is more concerned with the power and authority of the federal government.
“I don't think that the federal government should be involved in policing any of these programs,” he told show host Jenna Ellis.
Regarding Disney’s petition to the FCC, Ellis asked Donnelly if Disney is making a legal blunder by choosing “The View” to make its case to the FCC. After all, that program is well-known for its table of liberal co-hosts and their rants about Trump and Republicans.
Donnelly, however, said he is glad Disney chose “The View” to argue its case. That’s because he predicts the FCC fight is headed to court, and Donnelly also predicts it will eventually end up at the U.S. Supreme Court for a future landmark decision.
“Look, if you want to test something, you want to take something that's going to be getting attention,” Donnelly observed, “and ‘The View’ gets a lot of attention.”
On the popular Fox News cable outlet, Donnelly said programs such as "Gutfeld" and "The Five" also do a similar political news show such as "The View."
"Do we want the government," he said, "telling us what 'bona fide' news is?"
Because of its petition to the FCC, a public comment period is currently underway for the federal agency to gather public input about “The View” and Disney’s claims about a news program. The deadline for the comment period is July 6.
