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What to know about the ‘equal time’ rule Stephen Colbert says led CBS to pull his Talarico interview

CBS avoided triggering FCC equal-time rules by moving Stephen Colbert's interview with Texas Senate candidate James Talarico online, reflecting new FCC guidance expanding equal-time application.

  • On Tuesday, CBS said legal guidance warned that airing Stephen Colbert's interview with James Talarico could trigger the FCC equal-time rule for two other March 3 Democratic primary candidates, so the network moved it online with on-air promotion instead.
  • The Communications Act of 1934 requires equal-time provisions only for broadcast television and radio, excluding cable and streaming services as well as social media.
  • Colbert posted the full interview online after lawyers intervened, saying network lawyers called directly and told the show it could not have the candidate on broadcast, which he referenced on Monday.
  • In January, the Federal Communications Commission warned late-night and daytime hosts they must give political candidates equal time, with Brendan Carr, FCC Chairman, questioning the talk-show exemption and noting networks must seek exemptions.
  • The spat highlights attempts to apply equal-time to entertainment programs, as James Talarico posted a clip on X calling it `the interview Donald Trump didn’t want you to see`.
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The moderator was not supposed to broadcast an interview with a politician – and was not even allowed to talk about it. Stephen Colbert did not follow the guidelines.

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NewsBusters broke the news in Washington, United States on Tuesday, February 17, 2026.
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