FOR IMMEDIATE RELEASE
June 18, 2026 — NASHVILLE, Tenn. — The Future of Free Speech, joined by the ACLU, National Coalition Against Censorship, and the Center for Democracy & Technology, has submitted comments to the Federal Communications Commission urging the agency to reaffirm that The View qualifies as a bona fide news interview program under federal law and remains exempt from broadcasters’ equal opportunities requirements.
The filing responds to an FCC Media Bureau proceeding examining whether The View qualifies for the longstanding exemption that allows broadcasters to air news interviews with political candidates without triggering equal-time obligations for every opposing candidate.
“The First Amendment does not permit the government to decide which interview programs qualify as legitimate journalism based on their viewpoints or perceived political leanings,” said Ashkhen Kazaryan, Senior Legal Fellow at The Future of Free Speech and lead author of the filing. “For 40 years, the FCC has deferred to broadcasters’ good-faith news judgments. Abandoning that principle now would chill political coverage and invite government scrutiny of editorial decisions that the Constitution places beyond the government’s authority.”
The comments argue that reopening the status of The View after more than two decades of settled FCC guidance would create uncertainty for broadcasters and discourage candidate interviews during election season. The filing further contends that narrowing the bona fide news interview exemption would raise serious constitutional concerns by pressuring broadcasters to avoid candidate interviews or political coverage altogether rather than risk burdensome equal-time obligations.
“The regulatory tools forged against today’s disfavored speakers will be wielded against tomorrow’s,” Kazaryan added. “A structure that protects everyone only works so long as it does not preferentially protect any one viewpoint.”
“The FCC has entered into dangerous Constitutional territory, seeking to silence the administration’s political opponents through regulatory rigamarole,” said Jenna Leventoff, Senior Policy Counsel, American Civil Liberties Union. “A declaratory ruling that The View is not a bona fide news program won’t just impact The View. It will impact every daytime and late-night talk show, and the public who rely on them for news and information about political candidates.”
“The FCC is attempting to use the equal time rule as a cudgel to punish media companies identified by this administration as political adversaries,” said Erika Sanders, Counsel at the National Coalition Against Censorship. “Using the FCC’s power to puppeteer news coverage both harms the public’s ability to remain politically informed and violates the principles of the First Amendment.”
“With this latest proceeding threatening The View, it’s clear that the FCC has appointed itself chief censor of this Administration’s critics and political rivals,” said Kate Ruane, Director of CDT’s Free Expression Project. “It’s an obviously unconstitutional attack on the First Amendment that will chill essential political discussions and debate over critical channels for communication, undermining the agency’s effectiveness and reputation. History has not looked kindly upon government efforts to target speakers based on viewpoint.”
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ABOUT THE FUTURE OF FREE SPEECH
The Future of Free Speech is an independent, nonpartisan think tank located at Vanderbilt University. The organization works to reaffirm freedom of expression as the bedrock of free and thriving societies through actionable research, empowering tools, and principled advocacy. Learn more at www.futurefreespeech.org or follow along on Facebook, X, and LinkedIn.
ABOUT THE AMERICAN CIVIL LIBERTIES UNION
The American Civil Liberties Union (“ACLU”) is a nationwide, nonprofit organization that since 1920 has sought to protect the civil liberties and civil rights of all Americans. The ACLU is one of the nation’s preeminent defenders of the First Amendment and the value of free speech.
ABOUT THE CENTER FOR DEMOCRACY & TECHNOLOGY
The Center for Democracy & Technology (“CDT”) is a non-profit public interest organization. For more than thirty years, CDT has advocated before legislatures, regulatory agencies, and courts in support of protecting First Amendment rights regardless of the communications medium.
ABOUT THE NATIONAL COALITION AGAINST CENSORSHIP
The National Coalition Against Censorship (NCAC) is an alliance of more than sixty national non-profit literary, artistic, religious, educational, professional, labor, and civil liberties groups. Founded in 1974, NCAC’s purpose is to promote freedom of thought, inquiry, and expression and to oppose all forms of censorship.
Contact:
Ajdin Muratovic
Ajdin Muratovic is the Director of Communications at The Future of Free Speech.