CBS Blocks Colbert Interview Over FCC ‘Equal Time’ Rules Under Trump Administration

Late-night host Stephen Colbert revealed that CBS network lawyers prevented him from airing an interview with a Democratic Texas Senate candidate due to concerns about federal equal time regulations. The Trump administration has been tightening enforcement of rules requiring broadcasters to offer equal airtime to all political candidates.

Late-night television host Stephen Colbert disclosed that CBS network attorneys blocked him from broadcasting an interview with Texas Democratic Senate hopeful James Talarico due to concerns over federal broadcasting regulations that could require equal airtime for opposing candidates.

The controversy centers on federal rules mandating that television stations provide equivalent on-air opportunities to all political candidates when one appears on their programming. Colbert discussed the situation during Monday evening’s broadcast and subsequently released the complete interview through online channels.

The Trump administration, working through the Federal Communications Commission that oversees America’s broadcast networks, has been tightening enforcement of these requirements, particularly targeting talk shows like Colbert’s that officials claim may have “partisan purposes.”

“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 explained during “The Late Show with Stephen Colbert.”

CBS released a statement Tuesday explaining that Colbert’s program “was provided legal guidance that the broadcast could trigger the FCC equal-time rule for two other candidates” competing in the March 3 Democratic primary, “and presented options for how the equal time for other candidates could be fulfilled.” The network decided “to present the interview through its YouTube channel with on-air promotion on the broadcast rather than potentially providing the equal-time options.”

Talarico, who has been vocal in his opposition to President Donald Trump, shared a brief excerpt of his Colbert conversation on social media platform X, describing it as “the interview Donald Trump didn’t want you to see.”

The regulatory framework stems from the Communications Act of 1934, comprehensive legislation that has governed American broadcasting for nearly nine decades. The law requires stations to provide comparable airtime to competing candidates when one receives coverage, if requested by opponents.

These requirements also extend to paid political advertising, mandating that stations offer equal advertising opportunities to all candidates seeking the same office.

Several exemptions exist within the regulations, including news programs, legitimate interview shows, live event coverage, and documentary programming. However, when candidates appear on entertainment shows or host their own programs, the equal time provisions are triggered.

Importantly, these rules only affect traditional broadcast television and radio, excluding cable networks, streaming platforms, and social media content.

Historically, talk shows have not been subject to equal time requirements, but the current administration has moved to alter this precedent.

The Federal Communications Commission issued updated guidance in January, alerting late-night and daytime talk show hosts about equal time obligations. FCC Chairman Brendan Carr has challenged the talk show exemption, suggesting hosts operate with “partisan purposes.”

“The FCC has not been presented with any evidence that the interview portion of any late night or daytime television talk show program on air presently would qualify for the bona fide news exemption,” the agency’s public notice stated.

The guidance also requires television networks to seek individual program exemptions from the agency.

Colbert emphasized the distinction between broadcast and streaming regulations during his remarks, noting that his nearly quarter-hour interview with Talarico appeared exclusively on his show’s YouTube channel rather than on traditional television.

Chairman Carr, whom Trump selected to head the FCC, has frequently targeted network talk programs, previously suggesting that investigating ABC’s “The View” — whose hosts regularly criticize Trump — over exemption violations might be “worthwhile.”

The FCC did not provide immediate responses to requests for comment Tuesday.

The agency previously enforced the Fairness Doctrine, established in 1949, which required broadcasters to present opposing perspectives on controversial public issues. Unlike equal time rules written into federal law, this was an FCC regulation rather than congressional legislation.

The doctrine focused on topics rather than individual candidates. The Supreme Court validated the rule against First Amendment challenges in 1969, determining that limited broadcast spectrum availability justified government regulation.

The FCC eliminated the Fairness Doctrine in 1987, citing increased spectrum availability, and President Ronald Reagan blocked congressional efforts to make it permanent law.