It turns out that the Equal Time Rule pertains to airwaves not cable networks (such as Fox News).
Sad but true.
One would hope there is an analogous law preventing a cable network from manipulating an election in this way, but I suppose there isn't.
Anyone else have any ideas?
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As we all already know, on December 28th the Chairman of the New Hampshire Republican Party, Fergus Cullen, confirmed to the Ron Paul campaign that:
...there will be an event on January 6, but he could not confirm whether or not Dr. Paul would be invited
Then on December 31st Mr. Cullen took the additional step of issuing the following press release:
FOR IMMEDIATE RELEASE
Date: December 31, 2007
Contact: Fergus Cullen, Chairman, New Hampshire Republican Party
NH REPUBLICANS: DON’T LIMIT DEBATE PARTICIPANTS
CONCORD – New Hampshire Republican Party Chairman Fergus Cullen releases the following statement regarding primary weekend debates:
“Limiting the number of candidates who are invited to participate in debates is not consistent with the tradition of the first in the nation primary. The level playing field requires that all candidates be given an equal opportunity to participate – not just a select few determined by the media prior to any votes being cast.”
“Therefore, the New Hampshire Republican Party calls upon all media organizations planning pre-primary debates or forums for both parties to include all recognized major candidates in their events.”
“The New Hampshire Republican Party has notified FOX News of our position, and we are in ongoing discussions with FOX News about having as many candidates as possible participate in the forum scheduled for January 6.”
While Mr. Cullen's words are much appreciated, if the New Hampshire Republican Party truly values their patriotic tradition of the first in the nation primary over the media anointing of preferred candidates then his words are simply insufficient.
While I'm no lawyer, it seems to me that the New Hampshire Republican Party's co-sponsoring of the January 6th event with Fox News is actually shielding Fox News from the Communications Act of 1934, § 315; codified at 47 U.S.C. § 315, commonly referred to as the "Equal Time Rule", which states:
If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station
Naturally, there are several exceptions written into the law. In the following cases, the Equal Time Rule does not apply:
(1) bona fide newscast,
(2) bona fide news interview,
(3) bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary), or
(4) on-the-spot coverage of bona fide news events (including but not limited to political conventions and activities incidental thereto),
Furthermore, according to the US State Department:
Since November 1983, the FCC has allowed the debates to be considered "bona fide news events," thus triggering the exemption. Under the old rule, even minor candidates could have requested equal time during the presidential debates, a problem that led organizations, such as the League of Women Voters, to cover the debates, which the networks then covered as news events.
So, if I'm understanding this correctly, the New Hampshire Republican Party's co-sponsorship of the January 6th event allows the fourth exception to the Equal Time Rule to be invoked.
Therefore, should Fox News not allow Ron Paul to participate in the debate it is incumbent upon the New Hampshire Republican Party to take the bold step of withdrawing their sponsorship of the event.
