Equal Time, Stephen Colbert, and the Future of Political Broadcasting | Eugene Volokh and Jane Bambauer | Hoover Institution

Is the FCC about to revive a broad reading of the Equal Time Rule—and should broadcast TV still get “special” First Amendment treatment in 2026?

Eugene Volokh and Jane Bambauer are joined by  Duke Law professor Stuart Benjamin to discuss the constitutional backstory behind the federal broadcasting Equal Time Rule and why broadcast media has long been treated differently from newspapers, cable, and the internet. From Red Lion to the collapse of the Fairness Doctrine and beyond, the panel explains how we ended up with a broadcast-only regulatory regime—and why that consensus may now be unraveling.

They also dig into the latest controversy involving political candidates appearing on shows like The View and late-night television, the FCC’s renewed scrutiny, and what it all could mean for the future of media regulation. Would today’s Supreme Court uphold broadcast exceptionalism? Or is this doctrine headed the way of the eight-track tape?

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