FCC Equal Time Rule: Historical Context, Recent Controversies, and Policy Implications
By Steven J Dick, Ph.D.
Historically, talk shows such as ‘The Tonight Show’ and ‘The View’ have been considered exempt from the Equal Time Rule under the ‘bona fide news interview’ clause. The news exemption exists to preserve journalistic discretion by allowing broadcasters to cover newsworthy political figures and events without triggering equal‑time obligations, so long as the coverage is based on legitimate news judgment rather than candidate promotion.
However, in 2026, FCC Chairman Brendan Carr initiated investigations into whether such programs still qualify for this exemption, suggesting a potential shift in regulatory interpretation (Mastrangelo, 2026). The argument is not that The View or Colbert lack political relevance, but that their format, tone, and editorial posture may place them closer to opinionated entertainment than to the kind of bona fide news activity Congress intended to exempt—thereby potentially triggering equal‑time obligations under a stricter interpretation of the rule.
Historical Background of the FCC Equal Time Rule
The FCC’s Equal Time Rule was established under the Communications Act of 1934 to ensure that broadcast stations provided equal opportunities to legally qualified political candidates. The FCC considered the Equal Time Rule necessary to prevent broadcasters from using publicly licensed airwaves to favor one political candidate over others, thereby protecting electoral fairness and ensuring that voters receive balanced access to competing viewpoints.
In 1959, Congress introduced four key exemptions to the rule: bona fide newscasts, bona fide news interviews, documentaries, and on-the-spot coverage of news events (Mathis, 2026). These exemptions were designed to allow journalistic discretion while maintaining fairness in political coverage.
The 2026 Stephen Colbert and CBS Controversy
In early 2026, Stephen Colbert planned to air an interview with Texas Senate candidate James Talarico on his late-night show. CBS legal advisors expressed concern that airing the interview might trigger equal time obligations for other candidates, including Rep. Jasmine Crockett and Ahmad Hassan. Colbert claimed CBS prohibited the segment, though the network later clarified it had only provided legal guidance (Lancaster, 2026; Gaskins, 2026). The interview was ultimately released on YouTube, highlighting the growing regulatory divide between broadcast and digital platforms.
FCC Investigations and Political Context
Chairman Brendan Carr has recently scrutinized programs like ‘The View’ and conservative talk radio, questioning whether they meet the criteria for exemption from the Equal Time Rule. Carr has also criticized broadcasters for allegedly failing to serve the public interest and has hinted at increased regulatory oversight, particularly in response to perceived bias against conservative viewpoints (Mastrangelo, 2026; Micek, 2026).
Critics have also warned that shifting interpretations or enforcement of the Equal Time Rule risk becoming contingent on the party in power, raising concerns about regulatory instability and the possibility that standards could be tightened or relaxed to favor prevailing political interests—only to reverse again under a future administration, undermining predictability for broadcasters and public confidence in the rule’s neutrality (Mastrangelo, 2026)
Broadcast Television vs. Streaming Platforms
The Equal Time Rule applies only to broadcast television and radio, which use public airwaves and are subject to FCC regulation. Streaming platforms, such as YouTube, and subscription services are not subject to the same rules. This regulatory gap has led broadcasters to shift politically sensitive content to digital platforms to avoid compliance issues, as seen in Colbert’s decision to publish the Talarico interview online (PBS News, 2026).
The continued necessity of the Equal Time Rule is increasingly questioned in a media environment defined by cable television, streaming services, podcasts, and social media platforms that deliver similar political content but are not subject to FCC regulation. Because candidates and political viewpoints now have numerous alternative avenues to reach voters beyond broadcast television and radio, critics argue that the rule addresses a scarcity problem that no longer exists and imposes unique regulatory burdens on legacy broadcasters. Supporters counter, however, that because broadcast outlets still use publicly licensed spectrum and retain significant reach—particularly in local markets—the rule continues to serve as a safeguard against partisan favoritism on the airwaves, even as the broader media ecosystem has diversified.
Policy Implications and Future Considerations
These concerns have prompted renewed calls to reconsider whether the Equal Time Rule, as currently structured, remains fit for a media ecosystem defined by abundance rather than scarcity. One possible approach would be to modernize the rule by narrowing its scope, clarifying the criteria for bona fide news exemptions, or limiting its application to clearly defined forms of candidate promotion rather than discretionary editorial content. Another option would be to shift from rigid equal‑time requirements toward transparency-based obligations that emphasize disclosure and editorial accountability rather than airtime parity. Absent reform, critics warn that uneven enforcement across broadcast and digital platforms, combined with shifting interpretive standards across administrations, risks rendering the rule both increasingly ineffective and increasingly vulnerable to politicization—undermining its original goal of electoral fairness while imposing disproportionate burdens on legacy broadcasters.
References
- Gaskins, K. (2026, February 18). Late-night TV thrust into political fight over FCC’s ‘equal time’ rule. The National News Desk.
- Lancaster, J. (2026, February 18). Stephen Colbert says CBS killed an interview because of FCC equal-time rule. Reason.
- Mathis, J. (2026, February 18). How the FCC’s ‘equal time’ rule works. The Week.
- Mastrangelo, D. (2026, February 18). What is ‘equal time’ rule at center of Colbert, CBS fight? The Hill.
- Micek, J. L. (2026, February 18). What is the FCC’s “Equal Time Rule”? And why is Stephen Colbert fighting with CBS over it? MassLive. https://www.masslive.com/politics/2026/02/what-is-the-fccs-equal-time-rule-and-why-is-stephen-colbert-fighting-with-cbs-over-it.html
- PBS News. (2026, February 18). What is the ‘equal time’ rule that Colbert says led CBS to pull his Talarico interview?
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