Equal Time Rule
Federal regulation requiring broadcasters to offer equivalent airtime to all candidates for an office if one candidate receives airtime — weaponized by FCC Chairman Carr to pressure talk shows critical of the Trump administration.
Legal Framework
The equal time rule originates in Section 18 of the Radio Act of 1927, superseded by Section 315 of the Communications Act of 1934. The core provision: if a broadcast station provides airtime to a political candidate, it must offer equivalent time to all other legally qualified candidates for that office.
The Exemptions
A 1959 amendment carved out four exemptions:
- Bona fide newscast
- Bona fide news interview
- Bona fide news documentary
- On-the-spot coverage of bona fide news events
In 2006, the FCC explicitly ruled that “The Tonight Show with Jay Leno” qualified as a bona fide news interview program — establishing precedent that talk show interviews were exempt.
The 2026 Weaponization
Carr’s January 21, 2026 guidance asserted that talk shows “motivated by partisan purposes” could lose their exemption. Critically, he targeted only late-night and daytime television talk shows while exempting conservative talk radio — making the enforcement selectively partisan.
The guidance did not formally change the rule. It merely signaled that the FCC might. That signal was sufficient for CBS to preemptively censor Colbert.