NBC to Cut Fred Thompson from ‘Law and Order’ Reruns

Photo of Noel Sheppard.

Without much fanfare, NBC made an interesting announcement Tuesday: if Fred Thompson becomes a presidential candidate, his episodes of "Law and Order" will no longer be rerun.

As reported by the New York Daily News Wednesday (emphasis added throughout):

"If Fred Thompson formally declares his intention to run for President, NBC will not schedule any further repeats of 'Law & Order' featuring Mr. Thompson beyond those already scheduled, which conclude on Saturday, Sept. 1," [executive producer Dick] Wolf said.

Wolf assured that NBC would take all "appropriate steps consistent with FCC regulations."

"Consistent with FCC regulations" appears to relate to the Equal Time rule:

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Thompson played D.A. Arthur Branch on the show for five years. If Thompson is legally declared a candidate, and NBC airs episodes that feature 10 minutes of him, under the equal-time requirement the network would then have to feature all the other Republican candidates for an equal 10 minutes in some shape or form.

I'm not an attorney, but I'm not sure that's true. In fact, the opening section of the code suggests otherwise:

§ 315. Candidates for public office

(a) Equal opportunities requirement; censorship prohibition; allowance of station use; news appearances exception; public interest; public issues discussion opportunities

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: Provided, That such licensee shall have no power of censorship over the material broadcast under the provisions of this section. No obligation is imposed under this subsection upon any licensee to allow the use of its station by any such candidate. Appearance by a legally qualified candidate on any-

(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), shall not be deemed to be use of a broadcasting station within the meaning of this subsection.

The first paragraph states:

Provided, That such licensee shall have no power of censorship over the material broadcast under the provisions of this section.

Obviously, NBC does have censorship and editing control over the material in "Law and Order." As such, this appears to exempt this kind of a program from Equal Time.

Furthermore, if a "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)" is also exempt, it seems logical that a fictitious drama would be similarly so.

To get a firm answer, I will be forwarding this to some known lawyers in the blogosphere for their comment, and welcome legal opinions from those qualified to render them.

However, given the network's current position, after the many hours NBC gave to potential candidate Al Gore during his Live Earth concerts, if Gore indeed runs, will Republican candidates be given compensatory equal time?

Yes, that's a rhetorical question.

*****Update: UCLA law professor Eugene Volokh doesn't agree with my assessment:

Entertainment programming is not included within any of these exceptions; and the FCC and the courts have ruled that appearances as actors or entertainers are covered as "use [of] a broadcasting station." See, e.g., Paulsen v. FCC, 491 F.2d 887 (9th Cir. 1974) (entertainment appearances by comedian and jocular Presidential candidate Pat Paulsen); In re Weiss, 58 F.C.C.2d 342 (1976) (broadcast of movies in which Ronald Reagan had acted); In re Culpepper, 99 F.C.C.2d 778 (same); 100 F.C.C.2d 1476 ¶ 34(d) (1984) ("If an actor becomes a legally qualified candidate for public office, his appearances on telecasts of his movies thereafter will be uses, entitling his opponents to equal time, if the actor is identifiable in the movies"); id. ¶ 34(e) (taking the same view for other broadcast appearances, for instance by "the host of a teenage dance show," "a radio disc jockey," and a minister on a religious program).

Thank you for the speedy reply, Professor. 

—Noel Sheppard is the Associate Editor of NewsBusters.


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 Obviously, NBC does

Obviously, NBC does have censorship and editing control over the material in "Law and Order." As such, this appears to exempt this kind of a program from Equal Time. This sounds to me that if NBC stops showing these episodes, they are committing censorship. How much free time has been given to Democrat candidates through interviews and Town Hall meetings by NBC and their affiliates?

Their own statement demonstrates their overt contempt for anything conservative or Republican. First off, their argument for not showing Fred is lame. Secondly, they basically say, using their own argument, that if they show Fred, they will then have to give all the other Republican candidates equal time, which they obviously do not want to do. By my interpretation of "fairness", Republicans should be given the same amount of free air time as the Democrats have been given. Forget about individual candidates from one party or the other. The focus should be on giving each party equal time first. Then worry about individual candidate fairness.

The Closed Mind Erects Strong Barriers

Sympathy for the

Sympathy for the devil: 

NBC is under orders from the DNC - what can they do?

Gay haters unite!

WRONG. It's a simple

WRONG.

It's a simple business decision.  It's all about their bottom line.

Whether or not this falls under the Equal Time rule is open for debate and I could see it going either way. 

The last thing NBC wants is a hefty FCC fine.  They're just trying to avoid monetary punishment. 

It's called running a business.

MORE WRONG:)!

What "monetary punishment" is this Leon? See below regarding equal time fines...

And what about all the lost revenue from driving away millions of conservative viewers...?

What business school did you go to anyways?

Gay haters unite!

1)  I don't see anything

1)  I don't see anything about fines below

2)  This will not drive away millions of conservative viewers.  Thompson's not even in the show anymore.   Are you actually trying to tell me that all of those die hard L&O fans are going to stop watching b/c no more Thompson in re-runs?  Somehow I doubt it

3)  I didn't go to business school and my post didn't use any high level business knowledge.  It's a simple explanation, but a correct one.

4)  The real issue with this isn't NBC's supposed liberal bias.  It's the fear instilled in American companies by the FCC.  I say down with the FCC. 

1. Comments

1. Comments below highlight NBC's blatant ongoing support for the Dems at the expense of Repubs... 

2. They were driven away about 10 or 15 years ago - very smart business I'd say! 

3. OK 

4. What is the FCC fine for exactly - do you know?

Gay haters unite!

No, bias isn't the real

No, bias isn't the real issue - it's the ONLY issue. This isn't about whether Fred will be seen in re-runs or not. It's about NBC blatantly doing everything they can to limit Thompson's exposure to the public. There is absolutely nothing political in Thompson being seen on a television show, nor is there the slightest possibility that they could ever be fined for showing such episodes (unless, of course, they hyped a week-long marathon of nothing but Fred Thompson episodes as an endorsement of his candidacy). The issue is their childish attempt to cut Fred off from public exposure and their lame atempt to justify their action. They will lose viewers not because they stopped putting Fred on TV, but because they are waving their bias and partisanship like a flag.

The Closed Mind Erects Strong Barriers

Free?

 Fred's time on L&O isn't free. Sponsors pay for it. And I would assume they pay through the nose for it. I wonder how long the equal timer's could handle the expenese. That is, if they would have to pay up front. When all is said and done, they stop paying thier obligations.

 

 "If it ain't broke, don't screw it up!"

    -fastfood-

They are early

I predicted this to all my friends about 6 weeks ago. The only thing I was wrong about was that I predicted that they would do it right after he announced his candidacy.

I wonder if all the networks are going to cancel their scheduled rerun of the movie Pinochio because of Hillary's candidacy.

LOL

LOL

The MSM is so afraid of

The MSM is so afraid of Fred Thompson that it's making me giddy.  It's getting to be like Ann Coulter.  All you have to do is mention his name, or show a picture of him, and they all quiver.  Kinda reminds me of Sienfeld, when Jerry starts going walletless...

George - "It's not right.  Important things go in a case.  You've got a skull for your brain, a sleeve for your comb, and a wallet, for your money."

Jerry - "You know the very fact that you oppose this makes me think that I'm onto something."

Everytime something happens that genuinely upsets the MSM, it needs to be repeated.  They're unraveling before our very eyes.

Haha I love that episode,

Haha I love that episode, but c'mon jpatch, don't lump Costanza into the same category as the MSM, George is better than that! :-D

Oh for Pete's sake, he's

Oh for Pete's sake, he's in the show maybe 1.5 minutes total during a typical episode. 

Since government is coercion, politics is largely the exercise of deception regarding the intended use of coercion - George Orwell

The SF Chronicle has been

The SF Chronicle has been losing some $50M per year in order to print their unwanted vulgar socialist agenda. Radio and Internet thrive. Why should anyone with half a brain be surprised at the fact that NBC is willing to cut their own throats for political purposes?

JDW

News media: Scoreboard for terrorists

 

He's playing a character on

He's playing a character on a television show for goodness sake, not campaigning.  This is just a lame attempt to eliminate any type of exposure to Thompson.  As was mentioned, they had no problem with owl gore.  

"If a man does his best, what else is there"?

General George S. Patton Jr.

I SMELL FEAR

I SMELL FEAR

Let them delete all

Let them delete all references to Fred that they want, it won't help.

Run Fred run! 

The liberal MSM has become an enemy of the USA.

NBC shows their true colors...

As the reading of the law shows, it is only campaign appearances (whether in news segments or otherwise) that are covered. So the only reason to make this move would be to limit the exposure of this particular candidate. The only reason why a network would care about that, would be if they were executively and editorially against that particular candidate. So, with this statement, NBC shows that they are undoubtedly biased toward Democrats.

 

The day that "politician" became a career choice is the day we started losing the Republic

UPDATE - NBC

UPDATE - NBC executives, in an apparent concession to Thompson fans, have decided all NBC political reporters that have donated to current Democrat(ic) Presidential nominees will be prohibited from covering the ongoing Presidential campaign.  Therefore, NBC will not be reporting on the Presidential campaign this cycle.

However, NBC reporters will be allowed as much air time as they request to offer their traditional opinions on the Presidential campaign solely as interested observers.  NBC executives stated their decision will have no negative impact on the campaign and the audience should not notice any difference from the reporting done by NBC in previous elections. 

Yikes, it's just too easy

Yikes, it's just too easy to believe that could almost be real!

Lee T.

U.S. Navy (ret.) / Vancouver, Washington

The history of the race, and each individual's experience, are thick with evidence that a truth is not hard to kill and that a lie told well is immortal.-- Mark Twain

What about "Ahnold"

It seems when The Governator was running out in CA, his movies were showing up on TV left and right.  Granted, I don't know that they were on NBC, but I also don't know that they weren't shown on one of their affiliated cable stations.

Where was the concern there over "equal time?"  Heck, even now you can find at least one of his movies on somewhere practically every week!

The double standards are beyond tiresome.

Oh, I don't know - seems like a good idea . .

 . .why not - this should help point out the bias that the Nobody But Clinton newtwork has to everyone else but herthigness. But, let's see what happens with the suit to get her records from the Clinton library and National archives - will people care?

There is no sense in being stupid, if you can't prove it! - my dad V

nbc

Believer

Who watches anyway? Like Ford Motor and Hollowood, they simply have too muchh money to give  a wit.

It could've been a marketing coup

It's unfortunate that NBC is "playing it safe" in this instance. I mean, wouldn't it be cool to tout in the promos "Presidential Candidate Fred Thompson" like they tout "Emmy Award-winning"? They'd probably get a nice ratings boost not usually seen during Summer reruns.

I wonder if Nickelodeon will stop showing the "Roseanne" that featured Fred Thompson. Oh wait, he's a bad guy in that episode, so it'll be OK.

So I guess numerous "Law & Order" actors will lose out on residuals and royalties because The Thompson Effect. How long before he gets blamed for costing actors' their hard-earned paychecks?

Will NBC air these episodes after Thompson wins the election?

*****

"I'm sorry, you must have mistaken me for a clown that gives a damn!" - Sticky the Clown

For this statute to apply,

For this statute to apply, and thereby prevent NBC from airing episodes without giving equal time to other candidates, wouldn’t the statute have to be applied retroactively in a sense - meaning it has to be applied to video of someone recorded long before he legally became a candidate for public office?  One would think logic would require that the "use" of broadcast station as contemplated by the statute requires the nature of the use to be contemporaneous with the person's legal status as a candidate.  

Nevertheless, how come this was never an issue when he was a senator? 

For this statute to apply,

For this statute to apply, and thereby prevent NBC from airing episodes without giving equal time to other candidates, wouldn’t the statute have to be applied retroactively in a sense - meaning it has to be applied to video of someone recorded long before he legally became a candidate for public office?  One would think logic would require that the "use" of broadcast station as contemplated by the statute requires the nature of the use to be contemporaneous with the person's legal status as a candidate.  

Nevertheless, how come this was never an issue when he was a senator? 

I seem to remember reading

I seem to remember reading a rather lengthy article in a legal publication examining this very same sort of issue. They examined it with a comparison of what occurred when Reagan ran for President and all the cable stations stopped airing any movie with Reagan in it fearing FCC reprisals. Same with broadcast stations. The conclusions they reached included 1) the regulation as stated back then was questionable at best regarding movie roles as opposed to politically-related appearances and 2) the post-Reagan FCC regulations definitely does not apply to anyone appearing clearly as an actor in any movie or TV show.

Applying the conclusions reached by the attorneys who wrote this article, Thompson's appearances in "Law & Order" are exempt from the "Equal time" rule (which is greatly watered down from what it used to be) due to the fact that his air time was clearly nonpolitical and for entertainment purposes only. So for NBC to invoke this as their reason for removing "Law & Order" episodes featuring Fred Thompson if he chooses to run for President is disingenuous at best.

So when are Republican

So when are Republican candidates going to get their own townhall meeting over at ABC? That seems more of a violation of the equal time rule than Fred's portrayal of a fictional character that has nothing to do with his candidacy. What a bunch of morons! They actually think were that stupid.  

Pardon my ignorance...

1. NBC doesn't own L&O.  The only shows they would show with Thompson either have aired already or have already been shown, right?  He is not in the new season, Sam Waterson is the DA.

2. What does this say for TNT & USA networks, which run L&O/CI/SVU ad nauseam all day every day.  Granted, NBC/Universal owns the USA network, I think.

3. Is that why the Democrat candidates get their time in during 'news' hours?  To get around any equal time mandates?

 4. This much I know:  Thompson benefits whether he is shown or not.  His absence/censorship probably speaks more loudly.

-gordy.

NBD

Won't matter.  I'm one of those whackos in a Tom DeLay t-shirt who won't watch any Dick Wolf joint.

I hope President Thompson will prosecute the Congressional traitors.  Someone needs to.

Too bad this wasn't applied earlier

... to that horrible Gina Davis president swill. Gee I wonder who they were trying to model her character after?

"All generalizations are false, including this one.” Mark Twain

Equal Time?

Are they serious?  I mean really serious?  When is the last time NBC had a Republican candidate on it's airwaves to discuss their campaign?  Do they think mentioning them in a snarky manner is considered "equal time"?   What is the ratio of left vs right candidates, or even strategists?

fear

I smell fear.

Noel,

Was there not a similar issue that came up when John Glenn was a presidential candidate and the movie The Right Stuff was released about the same time?

I agree that NBC is probably (intentionally) mis-intrepreting the law here as an excuse to keep Fred Thompson out of the public eye. Problem is, like so many other times when libs try to pull this kind of stuff, it will most likely backfire on them.

Fred has a lot of fans out there. 

Help Fred defeat the RINOs, along with the Hitllary-Obama Axis, & win the White House in '08.

Sam Waterson recently

Sam Waterson recently announced that he has started (and heads up) an official campaign to find a third party candidate to run for President.

Presumably, he too would fall foul of the same "law."

You've seen the spoof. Now see the spoof of the spoof on YouTube: The Clintpranos: Bada Bong

Good Point Jack

I happened to catch Sam discussing his interest in providing third(fourth, fifth, ?) party candidates with equal opportunity/exposure Dems and Repubs currently dominate on O'Reilly last week Jack.

Interesting concept/discussion, though I'm not optimistic Sam's expectations will be realized Jack.  I don't see the Dem/Repub machines getting all warm and fuzzy over Sam's ambitious concept. Particularly in light of Breck Girl Edwards recent open-mic blunder suggesting to  Herself Clinton that they should limit the number of Dem hopefuls in the debate process.  Also, considering the Dems and Repubs with just 1 Independent in the Senate have the last word on campaign reform/laws Sam has got his work cut out for him. 

Regardless if this is legal

Regardless if this is legal or not, I see the update and have heard the same conclusion on television somewhere...

NBC would find some reason to exclude anyone like Thompson...after-all he is a big bad conservative with an 'R' after his name...and the msm and all leftists are afraid of him...

Ya' gotta' love it....

I do!

Wait a second...Am I missing

Wait a second...Am I missing something? Or did a TV network announce an actual policy regarding a Presidential candidate before the candidate had actually announced his candidacy?? And if so, am I the only one who thinks that's a bit weird???
JMR

Actually good point

Actually good point sarc...lol...

But Fred is going to announce IMHO he is just biding his time because of this.... he is pretty savvy this way... eh?