The “equal time” rule is part of the Communications Act of 1934 and calls for candidates for public office to have equal access to the public airwaves. Broad exceptions have been carved out for this rule, however, including for news coverage of live events and documentaries. Since 2006, television talk shows have largely been exempted as well, since they are seen as entertainment and not news. Additionally, since the Communications Act of 1934 does not cover cable and streaming services (which obviously didn’t exist in 1934), they are not governed by it.
In 2026, FCC Chair Brendan Carr began questioning the talk show exemption and launched an investigation into The View when it had Texas Democratic Senate candidate as a guest. The pressure escalated when Stephen Colbert announced that CBS lawyers had advised against having Senate candidate James Talarico as a guest because the FCC might invoke the equal time provision. Colbert instead posted the Talarico interview on YouTube.
The “equal time” provision should not be confused with the Fairness Doctrine, which was largely repealed in 1987.