Paul Clement is one of the best Supreme Court litigators alive. And he's right: the government shouldn't get to pick which perspectives to regulate and which ones to leave alone. That's a real principle. Write it down.
Here's the part ABC left out of their filing. The View has been a Democratic Party auxiliary since 2002. Joy Behar, Whoopi Goldberg, a rotating cast of left-wing guests getting hour-long infomercials dressed up as news. The FCC gave it a news exemption twenty-three years ago and nobody at ABC thought twice about what that meant, because the setup worked great for them. Political guests disappeared from the show the moment the FCC started asking questions. That's not a network standing on principle. That's a network that knows exactly what the show actually is.
Meanwhile, Mark Levin and Glenn Beck, who make no pretense of being news programs, are somehow the favoritism story ABC wants you to focus on. Jimmy Kimmel is in the crosshairs too, which is a different argument entirely. None of that changes what The View is. ABC found the First Amendment the same week it stopped being useful to pretend The View is journalism. Take note.