On Monday, Feb. 16, 2026, Stephen Colbert said he was banned from airing an interview conducted with Texas Democrat Rep. James Talarico who is running for Senate.
CBS said it was warned by their attorneys that by airing the interview they could trigger the “equal time” rule. Colbert asserts, “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.”
On Tuesday, CBS released a statement saying the network received “legal guidance” that airing the Talarico interview would obligate the studio to offer equal time to Rep. Jasmine Crockett, his opponent for the Senate seat.
FCC Commissioner Anna Gomez called the move by CBS “censorship.” “This is yet another troubling example of corporate capitulation in the face of this administration’s broader campaign to censor and control speech,: she added the FCC has “no lawful authority to pressure broadcasters for political purposes.”
The video at the end of this article is the interview Colbert conducted with Rep. Talarico.
‘Equal Time’ Rule
Under section 315 of the Communications Act of 1934, “If a broadcast station permits any legally qualified candidate for public office to use its facilities, it shall provide an equal opportunity to all other legally qualified candidates for that office.”
In 1959, section 315 was “amended to exempt from the equal opportunities requirement appearances 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).
Congress left it up to the FCC to determine the scope of each exemption to which the Commission says it has “long sought to ensure that the content, format and participants not be intended for the political advantage of candidates.”
The Commission determined a wide variety of television shows are eligible for exemption as bona fide news interview programs and uses the following factors for determination: “(1) whether the program is regularly scheduled; (2) whether the broadcaster or an independent producer controls the program; and (3) whether decisions on the content, participants, and format are based on newsworthiness, rather than partisan purposes, such as an intention to advance or harm an individual’s candidacy.”
In 2006, the Commission’s Media Bureau determined the interview portion of “The Tonight Show with Jay Leno” qualified for exemption as a bona fide news interview. This was the first time a finding such as this was applied to a late night talk show, primarily for entertainment value. This decision does not include other late night television talk shows, it is specific to “The Tonight Show with Jay Leno.”
Additionally, it is important to note, the FCC has not been presented with evidence the interview portion of any other late night or daytime television talk show would qualify for the bona fide news exemption. The FCC asserts, “Any program or station that wishes to obtain formal assurance that the equal opportunities requirement does not apply )in whole or in part) is encouraged to promptly file a petition for declaratory ruling that satisfies the statutory requirements for a bona fide news exemption.”
Amended by Trump Administration
The guidance written in the bona fide exemptions said, “use of broadcast airtime by a legally qualified candidate would require the broadcaster to place a record in an online political file so other legally qualified candidates can submit an equal opportunity request.”
FCC chairman Brendan Carr wants to reinterpret the bona fide exemptions in reference to late night and daytime talk shows.
Recently, Fox News reported the FCC began an equal time investigation into “the View” for its own Rep. Talarico interview.
“Let’s be clear on what this is. This is government intimidation, not a legitimate investigation,” says Gomez.
Philadelphia-based lawyer specializing in political law Adam Bonin says Carr “is leveraging his position to force late night and daytime talk show hosts to exclude Democratic candidates,” he added, “CBS could choose to fight this. They could defend the legitimate news purposes of Colbert’s interviews.”
Written by Jeanette Vietti
Sources:
AXIOS: What to know about the “equal time” rule at heart of Cobert, CBS fight
fcc.gov: FCC’s Media Bureau Provides Guidance on Political Equal Opportunities Requirement for Broadcast Television Stations
Featured Image Courtesy of Gage Skidmore’s Flickr Page – Creative Commons License
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