A scheduled appearance by Texas Democratic Senate candidate James Talarico on “The Late Show with Stephen Colbert” never made it to broadcast television after network lawyers raised concerns about federal equal-time rules.
Host Stephen Colbert told viewers that attorneys for CBS advised against airing the interview, citing potential implications under the Federal Communications Commission’s political programming requirements. The decision has since ignited debate over media regulation and political access during an active election cycle.
At the center of the dispute is the “equal time” provision enforced by the Federal Communications Commission. The rule requires broadcast stations to provide comparable opportunities to legally qualified candidates running for the same office if one candidate is given airtime.
While talk shows have historically qualified for exemptions as “bona fide news” programming, recent guidance from the FCC has prompted renewed scrutiny. FCC Chairman Brendan Carr signaled that certain entertainment programs may not automatically fall under that exemption, particularly if segments could be interpreted as partisan in nature.
According to Colbert, CBS attorneys warned that airing the interview with Talarico — who is running in the Democratic primary for U.S. Senate in Texas — could trigger equal-time obligations for his opponents, including fellow Democratic candidate Rep. Jasmine Crockett.
“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,” Colbert said. “Then, 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 doesn’t want us to talk about this, let’s talk about this.”
Instead of broadcasting the segment, producers opted to publish the full interview on the show’s YouTube channel, where FCC broadcast regulations do not apply.
“I think that Donald Trump is worried that we’re about to flip Texas,” Talarico said, which was met with audience applause. “This is the party that ran against cancel culture, and now they’re trying to control what we watch, what we say, what we read. And this is the most dangerous kind of cancel culture, the kind that comes from the top.”
In an emailed statement, CBS said: “THE LATE SHOW was not prohibited by CBS from broadcasting the interview with Rep. James Talarico. 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.”
In a statement, the White House defended the FCC. “Stephen Colbert is a pathetic trainwreck with no talent and terrible ratings, which is exactly why CBS canceled his show and is booting him off the airwaves,” White House spokesman Davis Ingle said. “FCC Chairman Brendan Carr is simply doing his job and enforcing the rules.”
The controversy unfolds as early voting approaches in the state’s Democratic Senate primary, elevating the stakes around candidate visibility and media access.
Talarico’s rival in the Texas Senate Democratic primary, Rep. Jasmine Crockett, appeared on Colbert’s show in May.
In a statement, FCC Commissioner Anna M. Gomez called Monday’s incident “another troubling example of corporate capitulation in the face of this Administration’s broader campaign to censor and control speech.”
“The FCC has no lawful authority to pressure broadcasters for political purposes or to create a climate that chills free expression,” Gomez, the lone Democratic commissioner, said in the statement. “CBS is fully protected under the First Amendment to determine what interviews it airs, which makes its decision to yield to political pressure all the more disappointing.”
