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Stephen Colbert said network lawyers told The Late Show that it could not air his interview with Texas state Rep. James Talarico on CBS. CBS disputed that characterization: it said the show was not prohibited from broadcasting the interview, but was advised that airing it could trigger equal-time obligations for other candidates. The interview appeared on the show’s YouTube channel instead.
What Colbert said—and how CBS responded
On The Late Show, Colbert explained Talarico’s absence from the broadcast this way: “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.” CBS News reported the remark on February 18, 2026.
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CBS gave a different account. In a statement reproduced by CBS News, the network said: “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, including Rep. Jasmine Crockett, 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.”
The interview did not air as part of the CBS broadcast. It was published on The Late Show YouTube channel, and CBS said the program promoted it on air. The public accounts establish a dispute over what the legal guidance meant; they do not establish that the FCC directly ordered CBS to suppress this particular interview. CBS News reported both accounts and the interview’s online publication.
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What the FCC equal-time rule requires
The Communications Act’s equal-time provision generally requires a broadcast station that gives airtime to one candidate to provide comparable airtime to other candidates competing for the same office if they request it. The rule also covers political advertising sold by a station. It is not a requirement to give every candidate airtime automatically whenever one candidate appears.
The obligation applies to broadcast radio and television. The Associated Press explains that cable, streaming services and social media fall outside the rule’s broadcast scope. That distinction is why an interview published on YouTube is not the same as an interview aired on a broadcast station.
Exemptions and talk shows
The rule has exemptions for bona fide newscasts, bona fide interview programs, live-event coverage and documentaries. The question in this dispute was whether the broadcast interview segment would qualify for an exemption, not whether equal time exists in the abstract.
According to the Associated Press, equal time had not traditionally been applied to talk shows. But in January 2026, the FCC issued guidance challenging the assumption that daytime and late-night talk shows automatically qualify for the bona fide news exemption. The agency’s public notice said it had not been presented with evidence that the interview portions of current late-night or daytime talk shows qualified. The AP explains the rule, its exemptions and the FCC’s 2026 guidance.
Why the interview moved online
CBS said airing the interview could trigger equal-time obligations involving two other candidates, including Rep. Jasmine Crockett, and that the show received options for meeting any such obligation. The network said the program chose YouTube publication with on-air promotion rather than potentially providing those options. Colbert’s account was that the lawyers told the show it could not have Talarico on the broadcast.
Those descriptions should remain distinct: CBS framed the matter as legal guidance and a choice among available options; Colbert described the instruction as a prohibition. The available reporting supports a possible equal-time concern, not a confirmed FCC order directed at CBS about this interview.
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