CBS blocked Stephen Colbert from interviewing Texas Democrat James Talarico

CBS blocks Talarico interview on air

CBS lawyers blocked Stephen Colbert from interviewing Texas Democratic Senate candidate James Talarico on a recent broadcast of The Late Show. The network cited a potential enforcement action from the Federal Communications Commission regarding the "equal-time rule."

Colbert addressed the cancellation during his monologue, claiming network lawyers called the show directly to forbid the appearance. He told his audience that the network also instructed him not to mention the fact that the interview had been pulled. Colbert ignored that directive and dedicated a segment to the legal dispute.

The host characterized the move as an attempt by the network to avoid political friction. He noted that the FCC recently issued warnings that late-night and daytime talk shows might lose their status as "bona fide news" programs. This status currently exempts entertainment shows from providing equal airtime to opposing political candidates.

The FCC chairman issues a warning

FCC Chairman Brendan Carr recently threatened to strip the news exemption from talk shows that he deems partisan. Carr specifically targeted shows like The Late Show and The View after they hosted Democratic candidates. He argued that these programs function as campaign platforms rather than traditional news outlets.

Colbert played audio of Carr suggesting that hosts like Colbert and Jimmy Kimmel should move to cable or streaming services if they want to avoid these regulations. Carr stated that broadcast networks must adhere to stricter neutrality standards to maintain their licenses. This pressure follows an FCC investigation into ABC after the network aired an interview with Talarico on The View.

The "Equal Opportunities Rule" generally requires broadcast stations to provide comparable airtime to all qualified candidates for a specific office. If a station grants time to one candidate, it must grant the same opportunity to opponents who request it. Historically, the FCC has treated entertainment talk shows as news programs to protect their editorial independence.

CBS offers a different explanation

CBS denied that it strictly prohibited the interview in a statement released to Variety. The network claimed it provided "legal guidance" regarding the consequences of airing the segment. CBS lawyers warned that the broadcast would trigger equal-time requirements for at least two other candidates.

The network identified Rep. Jasmine Crockett and Ahmad Hassan as candidates who would be entitled to comparable airtime. CBS officials stated that they presented Colbert with options on how to fulfill these requirements. The network claims the show's production team chose to move the interview to a digital platform instead.

Colbert ultimately interviewed Talarico for a segment posted exclusively on The Late Show’s YouTube channel. He told viewers that while he could not show a photo of the candidate on air, he would do so anyway. He also noted that the network forbade him from displaying a URL or QR code linking to the digital interview.

Corporate interests and the Skydance merger

The decision to pull the interview comes as CBS owner Paramount navigates a complex $8 billion merger with Skydance. The FCC recently approved the deal after Paramount agreed to several conditions. One condition included the installation of a "bias monitor" to oversee content on the network.

Colbert’s relationship with Paramount has been strained since he criticized a $16 million settlement the company paid to Donald Trump. Colbert described the payment as a "big fat bribe" during a broadcast last year. CBS subsequently announced that Colbert’s tenure as host would end in May 2025.

Critics argue that Paramount is capitulating to political pressure to protect its business interests. The FCC is currently reviewing several regulatory matters involving the media giant. Colbert suggested that the network is unilaterally enforcing rules that have not yet been formally changed by the commission.

Legal experts challenge the network logic

Telecom attorney Harold Feld of the consumer advocacy group Public Knowledge questioned the legal basis for the CBS decision. Feld argued that even a strict reading of the equal-time rule does not prevent a host from mentioning a candidate's name. He noted that the rule only applies when a candidate actually appears on screen or audio.

Feld also pointed out that Talarico is currently running in a primary election. Under FCC rules, only his direct primary opponents would be entitled to equal time. The network would not be required to offer time to Republican candidates until the general election begins. Feld summarized the legal situation with several key points:

• The equal-time rule does not require a station to offer time proactively; candidates must request it.
• The rule only applies to candidates in the same specific race or primary.
• Broadcasters are not legally barred from mentioning candidate names or external websites.
• Talk radio programs currently enjoy a de facto exemption that the FCC is not challenging.

The Foundation for Individual Rights and Expression (FIRE) also condemned the FCC’s pressure on late-night television. FIRE Chief Counsel Robert Corn-Revere stated that the government is putting its "thumb on the scale" of political debate. He argued that targeting late-night shows while ignoring conservative talk radio constitutes viewpoint discrimination.

FCC commissioners split on censorship claims

FCC Commissioner Anna Gomez, a Democrat, called the incident a "troubling example of corporate capitulation." She stated that the FCC has no lawful authority to pressure broadcasters for political purposes. Gomez emphasized that the First Amendment protects the right of CBS to determine its own programming without government interference.

Gomez urged broadcasters to resist political threats and maintain their editorial independence. She noted that while Paramount has business before the government, those interests do not justify retreating from newsworthy content. The commission remains divided on whether the "bona fide news" exemption should be narrowed or eliminated.

The current dispute marks a significant shift in how the FCC interacts with entertainment media. For decades, the commission maintained a hands-off approach to late-night comedy and variety shows. The recent investigation into The View and the warnings sent to Colbert suggest a more aggressive regulatory environment for broadcast television.

Colbert concluded his segment by accusing Carr of hypocrisy. He noted that the FCC chairman is using his government position to silence critics of the current administration. Colbert promised to continue covering the story despite the restrictions placed on his broadcast by CBS management.