Colbert said on Monday night that CBS lawyers removed his interview with James Talarico, a Democratic Texas Senate candidate, from the broadcast as early voting began for the state’s primary elections. Colbert said the network feared the FCC’s equal-time obligations could be triggered by airing the interview under new guidance issued by the commission, and he said CBS also told him not to mention the change on air.
After Colbert’s remarks drew attention, Tuesday also marked the start of early voting for Texas primaries that include a Democratic contest between Talarico and U.S. Rep. Jasmine Crockett. The races also include Republican Sen. John Cornyn seeking reelection while facing Texas Attorney General Ken Paxton and U.S. Rep. Wesley Hunt.
In his comments, Colbert said CBS lawyers told him “no uncertain terms” that Talarico could not appear on “The Late Show with Stephen Colbert” because the network feared violating regulatory guidance from the Trump administration regarding equal time for political candidates. Colbert said he nevertheless interviewed Talarico for nearly 15 minutes and posted the video on YouTube, arguing the online posting did not fall under the equal-time rule described for broadcast programming.
Colbert said, “Then I was told, in some uncertain terms, that not only could I not have him on. I could not mention me not having him on,” and he added, “And because my network clearly doesn’t want us to talk about this, let’s talk about this.”
CBS disputed Colbert’s version of events. In its response, CBS said its attorneys “provided legal guidance” that broadcasting an interview with Talarico could trigger the FCC’s equal-time rule.
Talarico and Crockett are both trying to avoid a May runoff for their Democratic Senate nomination by winning at least 50% of the Democratic vote in the March 3 primary, according to the reporting. Crockett expressed skepticism about the “mania” surrounding Colbert’s remarks on the first day of early voting and said it “feels kind of convenient,” after voting early in Dallas.
Crockett also suggested that Colbert could have avoided the FCC issue by inviting her onto the show as she has appeared on Colbert’s program before, and both Crockett and Talarico have appeared on ABC’s daytime show “The View.” Talarico, who had posted a video clip of his interview with Colbert on X calling it “the interview Donald Trump didn’t want you to see,” told reporters in Austin after voting early that the “administration was playing politics and was trying to control what a late-night show puts on air,” and he said “The executives at CBS were willing to go along with it.”
The episode reflected broader uncertainty over how the FCC equal-time rule applies to talk shows. Broadcast networks have long been required to give equal time to political candidates, but the rule has not traditionally been applied to programs in the same way it applies to other types of broadcast content.
In January, the FCC issued new guidance warning late-night and daytime hosts that they need to give political candidates equal time. The guidance also said the FCC had not seen evidence that talk shows would qualify for an exemption from the rule for “bona fide news,” and FCC Chairman Brendan Carr, a Trump appointee, questioned the exemption and suggested that hosts were “motivated by partisan purposes.” The FCC did not immediately respond Tuesday to a message seeking comment.
Campaign activity continued across the state as the primaries advanced. On the Republican side, Paxton stepped up what had been described as a low-key campaign with a rally Monday evening in Tyler, while Cornyn held a rally Tuesday in Austin, and Hunt released a new television ad on Tuesday. The AP report also described Paxton as running ads featuring video clips of him with Trump, noting the president had not endorsed any candidate as of Monday.