At the start of The Late Show, the host introduced the band and guest Jennifer Garner before asking the audience, “You know who is not one of my guests tonight?” He then revealed that Talarico had been scheduled to appear but was told by the network’s lawyers that he could not go on air.
According to Colbert, the lawyers from CBS informed the show “in no uncertain terms” that the interview could not be broadcast. He added that he was initially told he could not even mention the situation on air. “Because my network clearly does not want us to talk about this… Let’s talk about this,” Colbert told viewers.
FCC Equal Time Rule at the Center of Dispute
Colbert explained that the issue involves new guidance from Federal Communications Commission Chair Brendan Carr regarding the “equal time” rule.
The rule requires broadcasters who give airtime to legally qualified political candidates to offer similar time to their opponents if requested. Traditionally, news programming has been exempt under the “bona fide news” exception.
In recent years, talk shows such as The View and Jimmy Kimmel Live! have featured political figures including Joe Biden and Kamala Harris without facing equal time challenges.
However, Carr recently signaled that talk shows may no longer automatically qualify for the news exemption. He said decisions would depend on several factors, including whether there was “partisan motivation” behind featuring a candidate. “If you’re fake news, you’re not going to qualify for the bona fide news exemption,” Carr said in comments aired by Colbert.
Colbert and Kimmel Respond
Colbert noted that he and Jimmy Kimmel could be among those most affected by the new interpretation. Carr suggested that if hosts do not want to comply with equal time requirements, they could move their programming to cable, streaming, or podcast platforms.
Following that advice, Colbert announced that he would release the full interview with Talarico on YouTube instead of airing it on CBS.
The situation highlights growing tensions between late-night television hosts and federal regulators as rules around political coverage continue to evolve.
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