Stephen Colbert endorses sister Elizabeth Colbert Busch: Do campaign finance laws apply?

Mentions or endorsements of Colbert Busch’s campaign or jokes at Sanford’s expense would not be considered in-kind campaign gifts. Though the Federal Election Commission has previously tried to argue these mentions could count as campaign contributions, free-speech issues and FCC rulings have trumped any attempts by the FEC to regulate this speech. Viacom, the parent company of The Colbert Report, may exercise more caution in this case—or at least do extra vetting with its lawyers. Since corporations are barred from making campaign contributions to federal candidates, Colbert could potentially raise legal issues for Viacom if he’s coordinating his message with his sister’s campaign, though again Colbert’s endorsements or mentions likely are covered by the newscast exception to the equal-time rule.

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