ABC Says FCC’s Equal Time crackdown on ‘The View’ chills its First Amendment Rights
After initially hoping they could placate the demands of the Trump Administration, ABC has apparently decided to fight back. At least a bit.
In a 52-page filing with the Federal Communications Commission on Thursday, the network argues that for decades talk shows have booked candidates with the near certainty that they fall under an exemption to the equal time rule, carved out for news programming. Changing that would lead to confusion and ironically, fewer opportunities for candidates to be heard:
Some may dislike certain — or even most— of the viewpoints expressed on The View or similar shows. Such dislike, however, cannot justify using regulatory processes to restrict those views. The government does not get to decide "what shall be orthodox in politics, nationalism, religion, or other matters of opinion." Or which "ideas and beliefs [are] deserving of expression [and] consideration."
The danger is that the government will simply decide which perspectives to regulate and which to leave undisturbed. In fact, while the Commission now questions The View's decades-long exemption, it has not expressed any inclination to apply a similar interpretation of the equal opportunities rule to other broadcasters, including the many voices - conservative and liberal - on broadcast radio.
Until now, it has never been disputed that The View qualifies as a bona fide news interview program. In 2002, ABC requested and obtained a Declaratory Ruling from the Mass Media Bureau confirming that status. That Declaratory Ruling remains in full force and effect.
The Commission has taken no action over the last two decades to modify or overturn the Declaratory Ruling and there is no basis for doing so now.
The filing also notes - in a very gentle way - that the Trump Administration is overtly political and cannot be trusted to make unbiased decisions:
Given the inherent value-laden judgments that the FCC must make when determining
whether a particular program is newsworthy, the risk that the FCC will use its authority to suppress disfavored content and viewpoints is overwhelming. What is newsworthy to today's FCC may not be newsworthy to the FCC in the next Administration. "It is largely because governmental officials cannot make principled distinctions in this area that the Constitution leaves matters of taste and style so largely to the individual." That caution carries special weight here, given that the Administration has been open about its disapproval of the viewpoints expressed on The View.
But the government has no legitimate interest in declaring some viewpoints more worthy than others. The bona fide news exemptions would fail any form of heightened scrutiny if not construed, consistent with decades of Commission practice, to apply to The View. That is all the more reason to conclude that The View qualifies for the exemption. But ultimately it does not matter, as the Commission could not subject The View to the equal opportunities rule consistent with the First Amendment anyway.
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ABC announces its summer schedule
ABC has announced its summer schedule, and the biggest gamble might be the strange new Dancing With The Stars spin-off series Dancing With The Stars: The Next Pro.
That new series is hosted by Robert Irwin - son of the late Australian conservationist Steve Irwin - and is a search for the next new pro dancer who will appear in season thirty-five. The twist is that 13 up-and-coming dancers will move into together and compete for prize. Honestly, I can’t tell if this idea is genius or a potential disaster.
Here are all of ABC’s summer premiere dates:
Thursday, June 25th:
8-11 pm: CMA Fest
Thursday, July 9th:
8-9 pm: Celebrity Family Feud Season Twelve Premiere
9-10 pm: Press Your Luck Season Seven Premiere
Monday, July 13th:
8-9 pm: Dancing With The Stars: The Next Pro Series Premiere
Wednesday, July 15th:
8-11 pm: The ESPYs
Wednesday, July 22nd:
8-9 pm: Who Wants to Be a Millionaire? Season Five Premiere
NBC picks up four of eight pilots for upcoming fall season
It’s been a few years since NBC has ordered as many as eight pilots for the fall season. And this year’s pilot crop seems to have been a success for the network, with half of the pilots being picked up as series for the upcoming fall season.
The David Boreanaz-led reboot of The Rockford Files was picked up, along with the Peter Krause drama Line Of Fire. NBC also picked up two comedies: the single-camera Sunset P.I. starring comedian Jake Johnson and the multi-camera Téa Leoni and Tim Daly series Newlyweds.
Key Witness (starring Emily Deschanel), What The Dead Know (starring Taylor Schilling), Puzzled (starring Damon Wayans Jr.) and Jill & Ginger (starring Katey Segal & Jane Lynch) are not moving forward, at least not in their current iterations.
Key Witness is being shopped around to other networks and streaming services. And there is some talk that What The Dead Know might be retooled for a possible pickup at a major streaming service.
Here is a rundown of the four new shows:
Line Of Fire
A family of law enforcement agents bridges personal differences and crosses professional boundaries as they tackle cases for the FBI, US Marshals, Secret Service and Department of Justice. After a seemingly cut-and-dry case turns into a deadly conspiracy, they must use the expertise from a lifetime of protecting civilians and politicians to protect one another and bring the killer to justice … even if it means betraying their sworn code.
The series stars Peter Krause, Hope Davis, Kat Cunning, Tommy O’Brien, Taylor Bloom and Charlie Barnett.
Writer Josh Safran executive produces with Jenna Bush Hager and Ben Spector. Director Rebecca Thomas also executive produces (pilot only).
Formerly known as Protection, Line Of Fire is produced by Universal Television, a division of Universal Studio Group.
The Rockford Files
A contemporary update on the classic series of the same name. Newly paroled after doing time for a crime he didn’t commit, James Rockford returns to his life as a private investigator using his charm and wit to solve cases around Los Angeles. It doesn’t take long for his quest for legitimacy to land him squarely in the crosshairs of both local police and organized crime.
The series stars David Boreanaz, Michaela McManus, Felix Solis and Jacki Weaver.
Writer Mike Daniels executive produces with Carl Beverly, Sarah Timberman. Chris Leanza is co-executive producer. Director Greg Mottola also executive produces (pilot only).
The Rockford Files is produced by Universal Television, a division of Universal Studio Group.
Newleyweds
A later-in-life love story about a free-spirited woman and a buttoned-up professor who marry impetuously after a whirlwind courtship.
The series stars Téa Leoni and Tim Daly with Jamie Lee Curtis as a recurring guest star.
Writer Gail Lerner executive produces with executive producers Eric and Kim Tannenbaum for The Tannenbaum Company, Jamie Lee Curtis, Scott Schwartz, and Lionsgate Television. Director Pam Fryman also executive produces (pilot only).
Newlyweds is produced by Universal Television, a division of Universal Studio Group.
NBCUniversal Global TV Distribution handles international sales for all the above series.
Sunset P.I.
Continues the proud tradition of Los Angeles private eyes that began with Philip Marlowe and will end with this show.
The series stars Jake Johnson, Jane Levy, Langston Kerman, Mary Shalaby and Keith David.
Writers Dan Goor and Luke Del Tredici will executive produce. Director Akiva Schaffer also executive produces (pilot only).
Formerly known as Untitled Dan Goor/Luke Del Tredici Project, Sunset P.I. is produced by Universal Television, a division of Universal Studio Group.
Odds & Sods
ABC has renewed RJ Decker for a second season.
This is a fascinating piece about Silesia, Poland, which was the setting for Netflix’s Lead Children.
Fox has renewed The Masked Singer for a fifteenth season and will likely move production from Los Angeles to New Jersey in order to take advantage of that state’s more generous production rebates for unscripted programs.
Actor Michael Horse (Twin Peaks) has a really interesting conversation with MPR’s Gretchen Brown.
What’s Coming Tonight And Tomorrow
FRIDAY, MAY 8TH:
Amadeus Series Premiere (Starz)
Broad Trip (The Roku Channel)
Deadliest Catch Season Premiere (Discovery)
Give Me Back My Baby (Tubi)
Lukkhe Series Premiere (Prime Video)
My Royal Nemesis Series Premiere (Netflix)
No Place To Be Single (Prime Video)
Remarkably Bright Creatures (Netflix)
RuPaul's Drag Race All Stars Season Premiere (Paramount+)
Thank You, Next (Netflix)
The Secrets Of The Matriarchs (LMN)
Unconditional Series Premiere (Apple TV)
SATURDAY, MAY 9TH:
All's Fair In Love & Mahjong (Hallmark)
Love, Again (Lifetime)
Song Of The Samurai Series Premiere (HBO Max)
SUNDAY, MAY 10TH:
Call The Midwife Season Fifteen Finale (PBS)
Disaster: The Chernobyl Meltdown (CNN)
Home Town: Inn This Together Series Premiere (HGTV)
My Granddaughter Has Your Son's Face (Lifetime)
90 Day Fiance Season Premiere (TLC)
The Roast Of Kevin Hart (Netflix)