The FCC has launched a formal investigation into ABC’s “The View” for potentially violating federal equal-time rules after hosting a Democrat Senate candidate, signaling a renewed enforcement effort that’s already causing broadcast networks to self-censor political content ahead of the 2026 midterms.
Story Snapshot
- FCC opened an investigation into ABC’s “The View” after airing an interview with Texas Democrat Senate candidate James Talarico
- FCC Chairman Brendan Carr announced that talk shows may no longer qualify as exempt “bona fide” news programs under the equal time rule
- CBS lawyers advised Stephen Colbert against broadcasting the Talarico interview on air, prompting an online-only release to avoid FCC scrutiny
- Democrats claim enforcement targets left-leaning shows, while no Republican candidates have been denied airtime
- Equal time rule applies only to broadcast TV and radio using public airwaves, not cable or streaming platforms
FCC Signals Policy Shift on Entertainment Talk Shows
FCC Chairman Brendan Carr announced last month that the commission would take a harder look at whether daytime and late-night talk shows still qualify for exemptions under the equal time rule.
The rule, codified in Section 315 of the Communications Act since the 1950s, requires broadcast stations to provide equivalent airtime to opposing political candidates.
While “bona fide” news programs have traditionally been exempt, Carr argues many modern talk shows function primarily as entertainment rather than journalism, triggering the need for stricter compliance as the 2026 election cycle intensifies.
Chairman Brendan Carr says FCC is investigating ABC’s ‘The View’ over equal time rulehttps://t.co/izb4q7EjgL pic.twitter.com/ilqGTzrk9w
— The Washington Times (@WashTimes) February 19, 2026
Networks Respond With Self-Censorship
Stephen Colbert revealed on “The Late Show” this week that CBS lawyers advised against airing his interview with James Talarico due to potential FCC complications under the equal time rule.
CBS clarified that it did not prohibit the segment but flagged regulatory obligations, leading the network to release the interview online rather than on broadcast television.
The preemptive decision highlights how broadcasters are adapting their editorial processes to avoid costly penalties and compliance burdens, fundamentally altering political coverage on public airwaves heading into crucial midterm elections.
Investigation Targets ABC’s The View
The FCC’s formal investigation into ABC’s “The View” marks an escalation beyond advisory warnings, examining whether the program violated equal time provisions after hosting Talarico.
This scrutiny comes despite no reported complaints from Republican candidates about being denied comparable access.
The investigation raises questions about selective enforcement, particularly as Democrats accuse the Republican-led FCC of weaponizing regulatory authority under the Trump administration to chill speech on left-leaning programs while conservative voices face no similar obstacles on broadcast television.
Constitutional Concerns and Fairness Questions
Democrats, including Talarico, have warned that the FCC’s aggressive stance threatens free expression and creates a chilling effect on political discourse during election season.
Chairman Carr dismisses these concerns as exaggerated left-wing political rhetoric designed for fundraising purposes, framing the enforcement as a neutral application of long-standing federal law to ensure fairness on public airwaves.
Yet, the absence of any Republican candidates reporting denied access undermines claims of even-handed enforcement.
This raises legitimate concerns about government overreach and politically motivated regulation that could suppress certain viewpoints while advantaging others, a troubling development for those who value First Amendment protections and media independence from partisan manipulation.
Broadcasting Landscape Faces Uncertain Future
The FCC’s reclassification effort could fundamentally reshape how broadcast television covers politics, potentially limiting candidate access to major network platforms during critical campaign periods.
The rule applies exclusively to stations using public airwaves, leaving cable networks and streaming services untouched and creating an uneven playing field in political media.
Broadcasters now face heightened legal costs and compliance complexities that may push more political content online, where equal time obligations don’t apply.
Long-term implications include redrawing boundaries between news and entertainment programming, with networks possibly scaling back political guests altogether rather than navigating regulatory uncertainty that appears subject to partisan interpretation and selective enforcement.
Sources:
Late-night TV thrust into political fight over FCC’s ‘equal time’ rule
