WASHINGTON (TNND) — Late-night television has become the latest battleground in a growing political dispute over how federal regulators police campaign coverage, after host Stephen Colbert said CBS lawyers warned him against airing an interview with a Democratic Senate candidate amid heightened scrutiny from the Federal Communications Commission.
Under federal law, broadcast television and radio stations are generally required to provide comparable airtime to opposing political candidates if one is featured. (TNND)
The controversy erupted this week on The Late Show with Stephen Colbert, when Colbert told viewers he was advised that an interview with Texas Democratic candidate James Talarico could not air on the CBS broadcast. Colbert suggested the concern was that the appearance could draw attention from the FCC, which has recently signaled a tougher stance on the agency’s decades-old “equal time” rule.
Under federal law, broadcast television and radio stations are generally required to provide comparable airtime to opposing political candidates if one is featured. For years, so-called “bona fide” news programs — a category that has traditionally included many talk shows — have been exempt from that requirement.
CBS disputes Colbert’s characterization. In a statement, the network said it did not prohibit the interview but instead advised that airing it could trigger equal time obligations for other candidates in the same race. The show ultimately opted to distribute the interview online rather than on broadcast television.
While the disagreement between Colbert and his network has drawn public attention, it is part of a broader political fight over how the FCC intends to interpret and enforce the rule as the 2026 election cycle approaches.
Last month, the Republican-led FCC indicated that some daytime and late-night talk shows may no longer automatically qualify as “bona fide” news programs, arguing that many function primarily as entertainment. FCC Chairman Brendan Carr has said the agency is simply reminding broadcasters of obligations tied to the use of the public airwaves.
Carr has dismissed Democratic criticism as overblown, arguing that outrage over the policy shift is coming almost exclusively from the political left. In recent interviews, he suggested the controversy has been exaggerated for political and fundraising purposes and insisted the rule is about fairness, not censorship.
Democrats strongly disagree. They accuse the Trump administration of weaponizing the FCC to chill political speech and limit Democratic candidates’ access to broadcast audiences. Talarico, who has appeared on multiple talk shows, warned that the new posture should alarm Americans across the political spectrum, framing it as a threat to free expression and independent media.
So far, there have been no prominent complaints from Republican candidates alleging they were denied equal time — a point Democrats say undercuts the FCC’s claim of neutral enforcement.
The stakes could extend beyond late-night comedy. The FCC, which regulates broadcast television but not cable or streaming platforms, recently opened an investigation into The View following its own interview with Talarico, signaling that more scrutiny of talk programming may be ahead.
As regulators revisit long-standing interpretations of the equal time rule, broadcasters and political campaigns alike are watching closely — aware that how the FCC draws the line between news and entertainment could reshape political coverage on broadcast television in the months to come.
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