It’s time to retire the Equal-Time Rules

[Commentary] As the line between politician and celebrity continues to blur, and viewers increasingly demand to see their candidates in late-night settings, it is time to revisit the arcane rules governing broadcasters’ responsibilities to cover political issues and candidates “fairly.” While the Fairness Doctrine may be dead, its lesser-known sibling lives on, in the form of the Equal-Time Rules. This statute provides that if a broadcaster permits any legally qualified candidate for public office to use the station, it must afford equal opportunities to all candidates as well. “Use” is interpreted broadly.

Fundamentally, we should not depend on the malleability of the news exemption to assure broadcasters can adequately cover candidates and their activities. Given its breadth, the Equal-Time Rule is both bad policy and a potentially unconstitutional infringement on broadcasters’ First Amendment rights. Better for Congress to repeal the rule than to force the Federal Communications Commission to expand the exemption broadly enough to swallow it.

[Daniel Lyons is an associate professor at Boston College Law School]