The broadcast of a Stephen Colbert interview with a political candidate has reignited debate over an old rule, sparking questions about how political speech is managed on television. The decision by CBS not to air an interview with James Talarico, a Democratic candidate for Texas Senate, has brought renewed attention to the Federal Communications Commission's (FCC) "Equal Time Rule." This rule dictates that broadcasters offering airtime to one political candidate must offer equal time to their rivals. The situation raises complex issues concerning media regulation, political campaigning, and the potential for regulatory actions to influence public discourse.
Background: The Equal Time Rule and Political Broadcasting
The Equal Time Rule, formally known as the Equal Opportunities Rule, is a regulation under U.S. law that applies to broadcast television and radio stations.
It mandates that if a broadcaster permits one legally qualified candidate for public office to use its facilities, it must give an equal amount of time to all other legally qualified candidates for that same office.
Historically, news programming and news events have been exempt from this rule.
Daytime and late-night talk shows, including programs like Stephen Colbert's and ABC's The View, had largely operated under the assumption that they were not subject to the Equal Time Rule when featuring political candidates.
Escalation and FCC Guidance
Recent actions by the Trump administration's FCC appear to have shifted this long-held understanding.
In January 2026, the FCC issued new guidance, suggesting that talk shows are not automatically exempt from the Equal Time Rule.
This guidance stated that TV broadcasters must offer equal time to opposing political candidates on daytime and late-night programs.
FCC Commissioner Brendan Carr was particularly vocal, publicly calling for action against hosts like Jimmy Fallon and Seth Meyers, and suggesting that broadcasters face consequences if they did not comply. He also reportedly pressured ABC to suspend Jimmy Kimmel and threatened The View.
The Colbert Interview Incident
The immediate trigger for current discussions was the case of Stephen Colbert's interview with James Talarico, a critic of Donald Trump.
CBS stated that Colbert's show was given legal advice that broadcasting the interview could trigger the Equal Time Rule for other candidates in the March 3 Democratic primary.
The network indicated that options were presented to fulfill the equal time requirement for these other candidates.
Ultimately, CBS decided to air the interview exclusively on its YouTube channel and promote it on its broadcast, rather than presenting it on-air in a way that would necessitate offering equal time to rivals.
James Talarico shared a clip of the interview online, framing it as "the interview Donald Trump didn’t want you to see."
Concerns and Counterarguments
The FCC's renewed focus on the Equal Time Rule has drawn significant debate and criticism.
Critics argue that the Trump administration's actions represent an attempt to leverage regulatory tools to combat perceived liberal bias in media, potentially infringing on free speech.
Commissioner Brendan Carr has framed these actions as upholding the principle that broadcasters should operate in the "public interest" and pointed to existing laws.
Some, including Senator Ted Cruz, have argued that Carr may have overstepped his authority and could set a negative precedent for future administrations.
The move has been viewed by some conservative groups as a victory against "left-wing" media outlets.
The distinction between broadcast and streaming platforms is noteworthy, as the Equal Time Rule specifically applies to broadcast media, not online streaming services.
Broader Implications for Media and Politics
The situation highlights a broader tension between regulatory oversight and the autonomy of media organizations, particularly in the context of political discourse.
The FCC's guidance potentially impacts a wide range of programs that were previously not considered subject to these strict political broadcasting rules.
This has raised free-speech concerns and questions about the government's role in regulating content on television.
The outcome of these regulatory actions could shape how political candidates are discussed and presented on broadcast media in the future.
Used Sources:
AP News: Discusses the specifics of the "equal time" rule and Stephen Colbert's situation. https://apnews.com/article/stephen-colbert-james-talarico-equal-time-6cd29992ae2170ab6d10c3ddca92ec98
Deadline: Provides context on the FCC's Equal Opportunities Rule and its application to talk shows. https://deadline.com/2026/02/stephen-colbert-equal-time-rule-fcc-1236727576/
CBC News: Explains the "equal time" rule and the dispute between Stephen Colbert and CBS. https://www.cbc.ca/news/entertainment/colbert-talarico-equal-time-rule-9.7096439
CBS News: Reports on the FCC's warning to TV broadcasters regarding the "equal time" rule for political candidates. https://www.cbsnews.com/news/fcc-tv-talk-shows-equal-time-to-political-candidates-trump-brendan-carr/
Ars Technica: Details the Trump FCC's efforts to enforce the "equal time" rule on late-night shows. https://arstechnica.com/tech-policy/2026/01/trump-fcc-tries-to-get-more-republicans-on-late-night-and-daytime-talk-shows/
The Washington Post: Covers the FCC's renewed focus on the "equal time" rule for talk shows and the associated free-speech concerns. https://www.washingtonpost.com/business/2026/01/22/late-night-equal-time-fcc/
