The FCC is finally cracking down on ABC’s ‘The View’ for potentially violating equal time rules, targeting what many conservatives have long seen as a platform for one-sided political propaganda masquerading as daytime television.
Story Snapshot
- FCC launched investigation into ABC’s ‘The View’ on January 21, 2026, for potential equal time rule violations
- New FCC guidance warns that talk shows featuring political candidates may no longer qualify for news programming exemptions
- Local broadcast stations face compliance burdens and potential penalties if candidates aren’t given equal airtime opportunities
- Investigation represents pushback against perceived liberal bias in network programming during election-sensitive periods
FCC Targets Entertainment-Political Hybrids
The FCC Media Bureau issued a Public Notice on January 21, 2026, redefining exemptions to the equal time rule specifically targeting daytime and late-night talk shows. The guidance explicitly warns broadcasters that programs where entertainers interview political candidates may trigger equal opportunity requirements if not deemed bona fide news programming. This marks a significant shift from historical case-by-case exemptions that allowed syndicated entertainment-talk hybrids to avoid scrutiny. The FCC chairman publicly confirmed the agency is actively investigating ABC’s ‘The View’ for compliance, sending shockwaves through the broadcast industry.
Equal Time Rule Origins and Application
The equal time provision originated in the 1927 Radio Act and was codified in Section 315 of the 1934 Communications Act. The rule requires broadcasters to provide equal airtime opportunities to legally qualified candidates for the same office if one candidate uses station facilities. Administered by the FCC, it aims to prevent favoritism in political broadcasting on public airwaves. The rule applies only to broadcast television and radio, not cable or streaming platforms, placing the compliance burden squarely on local stations despite network production control. When triggered by a candidate appearance, opponents have just seven days to request equal access at the lowest unit charge during election windows.
Station Liability and Compliance Pressures
Local broadcast stations bear the brunt of compliance responsibilities and potential penalties, even though networks like ABC produce the content. Stations must log all candidate appearances promptly in online public files, creating administrative burdens and exposing them to rapid-fire claims from opposing candidates within the strict seven-day window. The FCC’s 2026 guidance holds these local affiliates accountable for entertainment-talk programming decisions made at the network level. This creates a chilling effect where stations may simply refuse candidate appearances rather than navigate complex equal time calculations. The economic impact includes mandatory lowest unit charge rates during the 45-60 day windows before primaries and general elections.
Constitutional and Political Implications
The investigation raises fundamental questions about balancing broadcaster First Amendment rights with candidate equity on public airwaves. While proponents argue the rule ensures fairness in political discourse, critics view it as government overreach that violates media owners’ free speech protections. The 2026 guidance appears strategically timed to address conservative concerns about liberal bias in mainstream media programming. Legal experts note that while the equal time rule has historically been more formality than burden due to broad news exemptions, this enforcement shift specifically targets shows like ‘The View’ that conservatives have long criticized for promoting leftist viewpoints while claiming journalistic credibility. The outcome could fundamentally redefine the boundary between protected news programming and regulated entertainment.
FCC chairman says the agency is investigating ABC’s ‘The View’ over equal time rule https://t.co/gigk6X1Cnm pic.twitter.com/Wl3xuYA1K8
— The Oakland Press (@TheOaklandPress) February 19, 2026
If the FCC determines ‘The View’ violated equal time requirements, it could trigger a cascade of compliance actions across broadcast networks and force fundamental format changes to political talk programming. The investigation sends a clear message that the Trump administration’s FCC will scrutinize media bias more aggressively than previous regulators. For conservatives frustrated by years of one-sided programming dominating daytime television, this represents long-overdue accountability for networks that have exploited news exemptions while functioning as partisan advocacy platforms.
Sources:
Equal Time Provision – EBSCO Research Starters
Equal Time Rule – MTSU First Amendment Encyclopedia
FCC Equal Opportunities Rule May Apply to Talk Shows – Wiley Law Alert
47 CFR 73.1941 – Equal Opportunities – Cornell Law School
Section 315 and the Equal Time Rule – Congressional Research Service





