“THE LATE SHOW was not prohibited by CBS from broadcasting the interview with Rep. James Talarico,” CBS said in a statement Tuesday after the show’s host, Stephen Colbert, claimed he was “told in no uncertain terms by our network's lawyers” that he could not air his interview with the Democrat candidate.
Instead, CBS said, the lawyers merely provided Colbert’s show with “guidance,” warning of potential FCC consequences of having one candidate on, but not offering equal time to Talarico’s fellow Democrats contesting in a primary to be the party’s Texas Senate candidate.
Additionally, CBS said, the lawyers explained to Colbert how he could air the interview in accordance with the FCC's rule:
“The show was provided legal guidance that the broadcast could trigger the FCC equal-time rule for two other candidates, including Rep. Jasmine Crockett, and presented options for how the equal time for other candidates could be fulfilled.”
“THE LATE SHOW decided to present the interview through its YouTube channel with on-air promotion on the broadcast rather than potentially providing the equal-time options," CBS noted.
As NewsBusters explains, Colbert made his accusations against CBS while attacking FCC Chairman Brendan Carr during Monday night’s program:
“Colbert accused Carr and President Trump of trying to silence him but ultimately ended up interviewing Talarico anyway and put the video up on YouTube.”
….
“Colbert began by lamenting, ‘You know who is not one of my guests tonight? That's Texas State Representative James Talarico. He was supposed to be here. But we were told in no uncertain terms by our network's lawyers, who called us directly, that we could not have him on the broadcast. Then, I was told, in some uncertain terms, that not only could I not have him on, I could not mention me not having him on. And because my network clearly does not want us to talk about this, let's talk about this.’”
At issue is a Public Notice published last month by the Federal Communications Commission’s (FCC) Media Bureau reminding broadcasters that, if they provide airtime to one candidate, they are required by law to provide equal and comparable access to airtime to all opposing legally-qualified candidates – and that late-night talk shows may be not be exempt under the exclusion given to “bona fide newscasts.”
As CNSNews reported at the time:
“Citing Section 315 of the Communications Act, the Bureau’s Public Notice reminds broadcasters that, if they provide airtime to one candidate, they are required by law to provide equal and comparable access to airtime to all opposing legally-qualified candidates.”
Related: Late Night Hosts Haven't Interviewed a GOP Candidate Since 2016
Exemptions to this requirement are granted only if the candidate’s appearance serves a genuine (“bona fide”) news purpose, specifically:
- A bona fide newscast,
- A bona fide news interview,
- A bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subjects covered by the news documentary), or
- On-the-spot coverage of bona fide news events (including, but not limited to, incidental political conventions and activities).
Thus, late-night talk shows, such as Colbert’s, may qualify for the “bona fide news” exemption and interview candidates.
Stephen Colbert denounces the FCC for its equal time policy, "And you know who is not one of my guests tonight? That's Texas State Representative James Talarico. He was supposed to be here. But we were told in no uncertain terms by our network's lawyers who called us directly… pic.twitter.com/vpw9DPXJLA
— Alex Christy (@alexchristy17) February 17, 2026
