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By Hannah Parry
Associate News Editor
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Federal Communications Commission (FCC) Chair Brendan Carr has pushed back on "censorship" claims after Stephen Colbert said that CBS did not allow him to air a scheduled interview with Democratic Texas State Representative James Talarico.
"There was no censorship here at all," Carr said on Wednesday, adding that it must be a "difficult time" for Colbert, whose "time in the limelight" is coming to an end when his show concludes its long run in May.
Why It Matters
Colbert said during his Monday show that network attorneys told him "in no uncertain terms" not to air the interview with Talarico amid fear of retaliation by the FCC over its "equal time" rule. CBS has denied Colbert was "prohibited" from broadcasting the interview, and released a statement saying it had simply "provided legal guidance" and "presented options for how the equal time for other candidates could be fulfilled."
Read More on News
The equal time rule requires broadcast television and radio stations that operate on public airwaves to provide comparable airtime opportunities to all political candidates running for a position. However, there has long been an exception to that rule: talk show interviews with politicians.
What To Know
Colbert said on Tuesday that FCC chair Carr had told CBS, in a January letter, that he was "thinking about getting rid of that talk show exception."
"He had not gotten rid of it yet, but CBS generously did it for him and told me unilaterally that I had to abide by the equal time rules, something I have never been asked to do for an interview in the 21 years of this job," Colbert added in his statement.
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FCC member, Democrat Commissioner Anna Gomez, also criticized CBS and its parent company, Paramount, for their "capitulation" to the Trump administration's "broader campaign to censor and control speech."
“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," she told The Hill.
On Wednesday, Carr denied that any "censorship" was involved in CBS pulling the interview, but appeared to confirm that he was planning to remove the equal time rule exemption, saying that the "rule is going to apply to broadcast across the board," according to the Wall Street Journal's Joe Flint.
"The American people have more trust in gas station sushi than the national news media," he added.
Carr also slammed the backlash to the Colbert-Talarico incident, calling it a "hoax" which only benefited the Talarico campaign, Deadline's Ted Johnson reports.
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What Is the FCC’s Equal Time Rule?
The FCC’s “equal time” rule, formally known as the equal opportunities provision, stems from the Communications Act of 1934 and applies to broadcast television and radio stations that operate on public airwaves. The rule requires stations that give airtime to one legally qualified candidate for public office to provide comparable opportunities to other candidates running for the same position.
There are important exemptions. The rule does not apply to bona fide news programming, including regularly scheduled newscasts, news interviews, documentaries, and live coverage of events.
Late-night talk shows have traditionally fallen under this news exemption, which has allowed them to interview candidates without triggering equal time requirements. The rule applies only to over-the-air broadcasters such as CBS, not to cable channels, streaming platforms, or online outlets.
Why Didn't the Colbert-Talarico Interview Air?
Colbert told his audience that CBS lawyers said in “no uncertain terms” that Talarico’s appearance could not air because of fears that it would violate guidance from the Trump administration about equal time, adding, “I was told… not only could I not have him on, I could not mention me not having him on.”
CBS disputed that characterization, saying its attorneys “provided legal guidance."
How to Watch Colbert-Talarico Interview
Colbert conducted and posted the roughly 15-minute interview with Talarico on YouTube, noting that online material does not fall under the FCC’s equal-time rule.
What People Are Saying
FCC Commissioner Anna Gomez said Wednesday, “This is yet 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.”
Colbert said on Tuesday: "Last night, I talked to Texas Senate candidate James Talarico, but it wasn't on the show. We put the interview on our YouTube channel because of something called the 'equal time' rule, and that rule says that if a show on broadcast television has a qualified candidate on during an election they have to offer equal time to all that candidate's opponents. It's a pretty famous rule. But here's the thing, there has long been a very famous exception to that rule, and that exception included talk shows' interviews with politicians.
"We looked and we can't find one example of this rule being enforced for any talk show interview, not only for my entire late-night career, but for anyone's late-night career going back to the 1960s. But on January 21st, we heard from FCC Chairman Brendan Carr… he issued a letter saying he was thinking about getting rid of that talk show exception. He had not gotten rid of it yet, but CBS generously did it for him and told me unilaterally that I had to abide by the equal time rules, something I have never been asked to do for an interview in the 21 years of this job. Now that decision, I want be clear, is their right, just like I have the right to talk about their decision on air."
CBS said in a statement: "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... 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."
What Happens Next
Colbert's show will conclude its run in May. Meanwhile, Talarico is leading the polls for the Democratic primary, which will be held on March 3.
This is a breaking news story. Updates to follow.
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