The FCC's equal time rule - a broadcasting regulation that dates back to 1934 - is suddenly the biggest headache in late-night television. And it's about to get a lot worse.
The rule is deceptively simple: if a broadcast station gives airtime to a political candidate, it must offer equal opportunities to all other qualified candidates. In practice, this meant late-night hosts like Stephen Colbert, Jimmy Kimmel, and Jimmy Fallon could mock politicians freely - as long as those politicians weren't actively running for office.
But with campaign seasons now starting earlier than ever, and with candidates officially declaring while sitting presidents simultaneously govern and campaign, the lines have blurred into meaninglessness. FCC Chairman Brendan Carr has signaled he's taking a stricter interpretation of the rule going forward, which means networks are suddenly terrified of booking anyone who might be running for anything.
According to The New York Times, CBS legal counsel has already started pre-screening The Late Show segments for potential violations. NBC briefly considered a blanket ban on all political content on The Tonight Show before realizing that would eliminate 60% of their material.
The absurdity reached peak levels when Colbert was forced to offer equal time to a fringe candidate after making a joke about the presidential race. The candidate accepted, and viewers were treated to five minutes of incoherent rambling about cryptocurrency and chemtrails. This is what "equal time" gets you.
What makes this particularly frustrating is that cable networks and streaming platforms aren't subject to the same rule. John Oliver on HBO can say whatever he wants about whoever he wants. Jon Stewart on Apple TV+ has zero restrictions. But broadcast late-night? They're operating under regulations written when radio was the dominant medium.
