Thompson's candidacy would "force some significant decision-making," said Kathleen Kirby, a communications attorney at Wiley Rein in Washington, D.C. "It's a gray area."
Kirby predicted that cable networks would likely follow the path they have taken in the past, when they preemptively yanked programs featuring political candidates to avoid triggering a precedent-setting ruling. During the 2003 California recall election, for example, both FX and the Sci Fi Channel pulled movies featuring then gubernatorial candidate Arnold Schwarzenegger.
If Thompson runs and cable networks keep playing the "Law & Order" episodes that he's in, his tough-talking, resolute demeanor on the show could be a boon, political strategists said.
"You couldn't ask for a better character as a template for a presidential candidate," said Dan Schnur, who was communications director for Sen. John McCain (R-Ariz.) in 2000.
Still, Thompson's TV role would only take him so far, Schnur added. "It's hard to see it giving him a substantial advantage over the long run."
It's unclear how much time networks have to sort out how to handle the issue, since the equal-time provision kicks in once a publicly announced candidate engages in a "substantial showing" of candidacy, such as raising money and giving speeches, according to the FCC.
With Thompson poised to give a high-profile speech in Orange County today, television executives are already pondering how they would cope with his candidacy.
NBC Universal, which syndicates the "Law & Order" franchise, is considering not distributing 11 episodes of "Law & Order: Special Victims Unit" and two episodes of "Law & Order: Criminal Intent" that feature Thompson's character, according to a source familiar with the discussions. (Repeats of "Criminal Intent" air on Bravo, while USA runs both series. They are also being syndicated for broadcast for the first time this fall.)
Meanwhile, HBO has decided to proceed with its May 27 premiere of "Bury My Heart at Wounded Knee," an original movie in which Thompson has a small part as President Ulysses S. Grant. The film will play on HBO channels into the summer.
"Given Mr. Thompson's exceedingly brief appearance in our movie, not to mention the costume and makeup that obscures his identity, we hardly think the rule applies," said spokesman Quentin Schaffer, adding that if any presidential candidates demand free airtime as a result, "they should probably don beards and 18th century attire."
