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Comment on Equal Time: FCC Chairman Carr’s ‘Latest Volley’ by Adam Jacobson
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Comments for Radio & Television Business Report
As Lyons discusses, the Equal Time Rule is simple: a broadcaster that permits a political candidate to use its broadcast station must offer equal opportunities to all other candidates for that office, without censorship.
“Through this rule, Congress sought to prevent a candidate from using the public airwaves to secure an electoral advantage,” Lyons writes.
This triggered a complaint from perennial fringe candidate Lars Daly, who campaigned around Chicago wearing an Uncle Sam costume.
The Commission granted Daly’s request for Equal Time, which prompted Congress to create an exception for “bona fide news” broadcasts.
That was the holding of Miami Herald v. Tornillo, which struck down a Florida law requiring newspapers that criticize a candidate to give the candidate equal space to respond.