The FCC just shattered decades of precedent by declaring that shows like “The View” and late-night talk programs no longer qualify for news exemptions, potentially forcing networks to give equal airtime to conservative voices or face regulatory consequences.
Story Snapshot
- FCC Chair Brendan Carr issued guidance on January 22, 2026, challenging the “bona fide news” exemption that has protected talk shows from equal time requirements since 2006
- Media Research Center documented extreme bias on “The View” with 128 liberal guests versus only 2 conservatives appearing throughout 2025
- Broadcast networks ABC, NBC, and CBS now face pressure to audit their political guest appearances or risk FCC enforcement action
- Democratic Commissioner Anna Gomez dissented, warning the move represents government censorship and threatens First Amendment protections
FCC Challenges Two Decades of Talk Show Protection
FCC Chair Brendan Carr’s Media Bureau issued a public notice Wednesday stating that late-night comedy shows and daytime talk programs may no longer claim exemption from the equal opportunities requirement under Section 315 of the Communications Act of 1934. The agency explicitly rejected the 2006 precedent that exempted Jay Leno’s “Tonight Show” interview with Arnold Schwarzenegger, declaring it has seen no evidence that current talk show interviews qualify as legitimate news programming. Programs motivated by partisan purposes are specifically excluded from any exemptions, putting networks on notice that their editorial decisions now face federal scrutiny.
Documented Liberal Bias Triggers Regulatory Response
The conservative Media Research Center compiled data showing “The View” hosted 128 liberal guests compared to just 2 conservatives during 2025, providing ammunition for the FCC’s action. This stark disparity extends across broadcast late-night programming, where hosts like Jimmy Kimmel, Seth Meyers, and Stephen Colbert have provided extensive platforms for Democratic candidates while largely excluding Republican voices. Daniel Suhr from the Center for American Rights, which filed complaints about media bias, declared the FCC action puts Hollywood hosts and network executives on notice that they can no longer shower Democrats with free airtime while shutting out Republicans. This documentation of systematic exclusion validates longstanding conservative frustrations about media gatekeepers controlling political discourse.
Networks Face Compliance Uncertainty and Potential Costs
ABC, NBC, and CBS declined to comment on the FCC guidance, suggesting internal uncertainty about compliance strategies and potential legal challenges. The networks now face immediate pressure to audit guest appearance records, assess regulatory risk, and potentially restructure show formats to accommodate equal time requirements. Chair Carr emphasized that broadcast stations must provide equal opportunities to all legally qualified candidates for public office, fundamentally challenging how entertainment programming handles political content. The FCC invited broadcasters to file petitions for declaratory rulings if they believe their programs qualify for exemptions, shifting the burden of proof onto networks rather than accepting their longstanding assumptions about editorial freedom.
First Amendment Concerns Versus Accountability
Democratic FCC Commissioner Anna Gomez issued a sharp dissent, arguing the guidance represents an escalation in the commission’s campaign to censor and control speech. Gomez warned that broadcasters may self-censor critical political coverage out of fear of regulatory retaliation, undermining the editorial discretion that news programming has enjoyed for decades. However, conservatives counter that equal access to broadcast airwaves represents basic fairness, not censorship. The Communications Act of 1934 established that public airwaves belong to all Americans, not just entertainment industry gatekeepers who use their platforms to promote partisan agendas while excluding opposing viewpoints from the conversation.
Broadcast Television Targeted While Cable Escapes Scrutiny
The FCC guidance applies exclusively to broadcast television, leaving cable news networks like CNN and MSNBC untouched by equal time requirements. This distinction creates potential competitive advantages for cable outlets that can continue partisan programming without regulatory consequences. The limitation to broadcast reflects the legal framework of the Communications Act, which grants the FCC authority over public airwaves but not subscription cable services. Networks may face difficult decisions about whether political guest appearances justify the compliance burden, potentially reducing overall political content on broadcast television. This outcome could ironically diminish the very platform access the equal time rule was designed to protect, as risk-averse producers simply avoid booking political candidates altogether.
Sources:
FCC to crack down on liberal late night shows, ‘The View’ for not giving equal airtime to GOP guests
FCC says equal time rule applies to ‘The View,’ ‘Jimmy Kimmel Live’
FCC to crack down on liberal late night shows, ‘The View’ for not giving equal airtime to GOP guests
FCC Says Late-Night and Daytime Talk Shows Must Give Candidates Equal Time
