- Law & Policy
- Politics, Institutions, and Public Opinion
- Judiciary
- Revitalizing American Institutions
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?
ABOUT THE SPEAKER
Stuart Benjamin is the William Van Alstyne Distinguished Professor of Law and co-director of the Center for Innovation Policy at Duke Law School. He specializes in telecommunications law, the First Amendment, and administrative law. From 2009 to 2011, he was the first Distinguished Scholar at the Federal Communications Commission.
Benjamin is a coauthor of Internet and Telecommunications Regulation (2nd ed. 2023, 1st ed. 2019) and Telecommunications Law and Policy (multiple editions), and has written numerous law review articles. He has testified before House and Senate committees as a legal expert on a range of topics.
