How ‘Usigten’ landed at the center of a free speech battle

President Trump’s sweeping campaign to punish his perceived media critics has come for newspapers like The Wall Street Journal, The Des Moines Register and The New York Times; broadcast outlets such as the BBC, NBC News and CBS News; and late-night hosts Jimmy Kimmel and Stephen Colbert.

But now it hits a new adversary, one that remains politically potent and holds a grand place in Mr. Trump’s work of media attention — the long-running ABC morning talk show, “The View.”

The Federal Communications Commission has been quietly investigating the program for months, looking into whether “The View” violated old federal rules that required equal airtime for rival political candidates. The investigation could also form part of the agency’s wider review of whether ABC should continue to be allowed to own some of the country’s most important local TV stations.

The clash between ABC and the Trump administration could lead to a protracted, high-stakes legal battle over free speech. The network claims the FCC action could have “a chilling effect on First Amendment-protected free speech on the eve of the 2026 election” and affect which political guests — if any — talk shows will book.

The central role of “The View” is a testament to the enduring influence of an old-school TV show that ABC anchor Barbara Walters started 29 years ago and described as “like a coffee klatsch with more caffeine.” People in both parties say the show continues to have significant political power — even as streaming, podcasts and social media take up more space.

“The View” draws 2.7 million viewers a day, more or less the audience it has had in a decade, according to Nielsen.

“It would be easy for our side to say, ‘Who’s watching this junk?'” said Tim Graham, a senior director of the Media Research Center, a conservative group that has long been critical of the show. “But the answer is: Many people.”

Representatives for “The View” declined to comment or set up interviews with the hosts or anyone involved in the production.

Mrs. Walters’ intention, as she said in the 1997 premiere episode, was to make the show appeal to a wide variety of women “of different generations, backgrounds and viewpoints.” The show’s panel has long included a conservative presence to balance the progressivism of its longtime hosts Joy Behar and Whoopi Goldberg.

Mr. Trump, who was good friends with Ms Walters, used to be a regular guest and once saw the show as a great platform to promote himself, his business and his family. During an appearance in March 2006, Mr. Trump, sitting next to Ivanka Trump, famously: “If Ivanka wasn’t my daughter, I might be dating her.” (“Who are you, Woody Allen?” Ms. Behar exclaimed, sending Mr. Trump into a fit of laughter.)

Weeks later, Melania Trump gave the show her first interview after the birth of her son, Barron, revealing details of the birth (“very, very easy”) and informing viewers that Mr. Trump had chosen to stay out of the delivery room. Sometimes Mr. and Mrs. Trump even appeared together: In 2010, they appeared together when Mrs. Trump promoted her QVC jewelry line.

But “The View” also set the stage for a foundational Trump feud — with former host Rosie O’Donnell that started in 2006. She called him a “snake oil salesman”; he called her “a bitch” and worse.

The final break in the relationship between the show and Mr. Trump came shortly after he entered politics. He bumped into Ms. Goldberg over his description of Mexicans as “rapists” in 2015, and he declined invitations from “The View” thereafter. He played a total of 18 games.

The hosts became more critical of Mr. Trump over the last decade, and he attacked them back. The two Republicans on the panel — a first-time Trump spokeswoman, Alyssa Farah Griffin, and longtime strategist Ana Navarro — are frequent Trump critics. And the anti-Trump critics are even tougher.

“It’s amazing to me,” Sunny Hostin, a host, said this week, “that there are still people — despite not having health care, despite the Department of Education being gutted, despite not being able to afford eggs — they’re still with their guy.”

Conservatives accuse the show of interviewing mostly Democrats. This spring, the Media Research Center released a report titled “Outlook kicks off midterms with 27 liberals to 1 Republican.” (The study included celebrities in its tally.)

In its filing with the FCC, ABC noted that guest appearances did not reflect the full range of invitations. The network said the show had invited several Trump allies over the past two seasons, including Vice President JD Vance, Health Secretary Robert F. Kennedy Jr., Sen. Lindsey Graham, Elon Musk and Secretary of State Marco Rubio — all of whom declined.

ABC’s lawyers said bookings were “based on newsworthiness, expected audience interest and their potential to ‘make news’ on the show.”

The administration has escalated its attacks over the past year. In July, it released a statement anchoring the show’s cancellation after Ms. Behar compared Mr. Trump unfavorably to former President Barack Obama.

The seriousness of the FCC’s investigation into “The View” came to light when ABC responded strongly to it this week. The agency is investigating whether the show improperly operated outside longstanding broadcast rules that required entertainment programs to give equal airtime to candidates for the same office.

ABC’s lawyers noted that “The View” had received a news exemption from the agency in 2002 and that the exemption had not been challenged in the 24 years since.

Their response, made public Friday, accused the FCC of violating the network’s First Amendment rights and indicated they were prepared to take the case all the way to the Supreme Court.

The network maintains that the mix of its guests should not be the government’s concern. “Of course, officials are free to express their own views on ‘The View,'” ABC’s lawyers said in the suit. “But they cannot use the coercive powers of the state to punish views with which they disagree.”

The show has long been under a political microscope, not only because of what its hosts say, but also because of the makeup of its audience.

The two highest-rated media markets for “The View,” according to Nielsen, are Philadelphia and the Flint-Saginaw-Bay City market in Michigan’s industrial corridor — both in swing states. The show also draws strong audiences in Pittsburgh, Atlanta, Milwaukee, Chicago and New York, Nielsen said, as well as in West Palm Beach, Fla.; Kansas City, Mo.; and Hartford, Conn.

This audience is made up of a demographic that has a large vote; two-thirds of its viewers are 65 or older, and nearly 90 percent are over 50. Seventy percent are women. And 60 percent of its viewers are white and a quarter are black, according to Nielsen.

“Women are one of the most important swing segments of the electorate,” said Daniel Suhr of the Center for American Rights, the conservative legal group that in March urged the FCC to deny “The View” an exception to equal airtime rules as a “bona fide” news program.

Having hosts who “constantly bash the president and the party” on a show that attracts such swing voters, Mr. Suhr, “has a real effect on our politics.”

Lis Smith, a Democratic strategist who has long viewed “The View” as a key stop on any major candidate’s campaign schedule, said she believed conservatives chose the program mainly to whip up the faithful against a favorite media target. But, she added, “The Outlook” has its uses for Democrats.

“They reach a large audience of women, and Democrats need women to turn out to vote to win,” she said.

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