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1 1 (October 7, 2024)

handle is hein.crs/goveqwt0001 and id is 1 raw text is: The Equal Time Rule for Political Candidates: Constitutional Context October 7, 2024 On July 23, 2024, two days after announcing that he would exit the 2024 presidential race, President Joe Biden wrote on social media that he would address the country on what lies ahead. In advance of this address, news organizations reported that President Donald Trump's campaign had sent a letter to broadcast television networks demanding equal airtime, in response to the anticipated coverage of President Biden's address. The networks did not respond to news requests for comment, leaving unclear how or whether the campaign's demand was resolved. The Supreme Court has recognized that the First Amendment of the United States Constitution protects the right of media speakers to choose which views they will elevate. Legally compelling a television network to broadcast content it would not otherwise choose to air may appear at odds with this right. However, the Federal Communications Commission (FCC) has long had a number of regulations in place regarding access to airwaves for political candidates, including a regulation providing political candidates equal opportunities to use broadcast stations. This Legal Sidebar briefly discusses the relationship between the FCC's rule and the Free Speech Clause of the First Amendment. For more information on FCC rules regarding political candidates generally, see this CRS Report. The FCC's Equal Time Rule The FCC administers a licensing system for the owners and operators of radio and television broadcast stations. This licensing is considered necessary because the electromagnetic spectrum on which broadcast stations operate is a scarce and finite resource. As discussed in this CRS Report, the FCC has a number of rules and regulations regarding access to airwaves by political candidates. Section 315(a) of the Communications Act of 1934, as amended, requires broadcast licensees to afford equal opportunities to all other such candidates for that office in the event that the licensee permits a candidate for public office to use a broadcasting station. The FCC has issued a regulation pursuant to this statutory directive. The rule contains exceptions, including when a candidate appears on a bona fide newscast or in on-the-spot coverage of bona fide news events. This rule is colloquially referred to as the equal time rule, though this phrase does not appear in the rule or in the provision of the Communications Act authorizing it. Congressional Research Service https://crsreports.congress.gov LSB11239 CRS Legal Sidebar Prepared for Members and Committees of Congress

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