Equal Time, Stephen Colbert, and the Future of Political Broadcasting

Quick Overview

The discussion concludes that the FCC's attempts to enforce the Equal Time Rule, which mandates broadcasters give equal opportunities to political candidates, have been largely ineffective for modern media formats like cable, internet, and podcasts, leaving broadcasters in a precarious position where they often err on the side of caution to avoid potential violations, especially concerning content regulation.

Key Points: The Equal Time Rule, established in 1934 for broadcast radio and later applied to TV, requires broadcasters to provide equal opportunities for legally qualified political candidates. The rule is generally not applied to cable, internet, or podcasts because these platforms are not seen as having the same spectrum scarcity issues as traditional broadcasting. The case Red Lion v. FCC (1969) established the constitutional basis for the Equal Time Rule, but subsequent FCC decisions, like the one in the 1980s regarding Stephen Colbert's show, have narrowed its scope for talk shows, suggesting political content is often exempt if not clearly news or if the host controls the programming. The primary challenge discussed is the ambiguity of what constitutes 'legally qualified' candidates and what types of programming (like talk shows or satire) trigger the requirement, leading broadcasters to avoid giving airtime to challengers to preemptively avoid controversy. The existence of the Fairness Doctrine, which the FCC abandoned, is mentioned as a related concept that previously imposed obligations on broadcasters to cover controversial issues of public importance, but this is distinct from the Equal Time Rule's focus on candidate access time.

Context: This podcast episode from the Hoover Institution's 'Free Speech Unmuted' series features Eugene Volokh, Thomas M. Siebel Senior Fellow at Hoover, and Stuart M. Benjamin, Distinguished Professor of Law at Duke University School of Law, discussing the application and future of the Federal Communications Commission's (FCC) 'Equal Time Rule' in the contemporary media landscape, which includes broadcast, cable, internet, and podcasting platforms, focusing on recent controversies involving political commentary shows.