CBS stated it did not prohibit 'The Late Show With Stephen Colbert' from airing an interview with Texas state Rep. James Talarico, but provided legal guidance about potential FCC equal-time rule violations. Host Stephen Colbert claimed on air that network lawyers blocked the segment and instructed him not to discuss it. FCC Democratic Commissioner Anna Gomez criticized the decision as corporate capitulation to the Trump administration.
On Monday's episode of 'The Late Show With Stephen Colbert,' the host addressed the absence of an interview with Texas state Rep. James Talarico, a Democratic candidate for U.S. Senate. Colbert said CBS lawyers had directly informed the show that Talarico could not appear on the broadcast and that he was not to mention the matter on air. 'Talarico was supposed to be here, but we were told in no uncertain terms by our network’s lawyers... that we could not have him on the broadcast,' Colbert stated. '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.'
Colbert referenced a January warning from FCC Chairman Brendan Carr, a Trump appointee, suggesting that the long-standing exemption from the equal-time rule for late-night and talk shows might not apply to 'partisan' programming. The equal-time rule requires broadcasters to provide equivalent airtime to opposing political candidates. Colbert joked about the implications, saying, 'Let’s just call this what it is: Donald Trump’s administration wants to silence anyone who says anything bad about Trump on TV.' He also noted that even though the exemption had not been officially revoked, CBS was enforcing it preemptively.
In response, CBS issued a statement on Tuesday clarifying that the show was not prohibited from airing the interview. Instead, legal guidance was provided that Talarico's appearance could trigger the equal-time rule for other candidates, including Rep. Jasmine Crockett, with options offered for compliance. 'The Late Show' opted to release the interview on its YouTube channel, along with X, TikTok, and Instagram, promoted on the broadcast. By Tuesday, the YouTube video had exceeded 1.5 million views.
In the interview, Talarico discussed efforts to flip Texas politically, stating, 'I think Donald Trump is worried that we’re about to flip Texas.' The audience applauded. Colbert mentioned reports of an FCC investigation into ABC's 'The View' for a prior Talarico appearance.
FCC Commissioner Anna Gomez, the agency's only Democrat, condemned CBS's actions in a statement. 'This is yet another troubling example of corporate capitulation in the face of this Administration’s broader campaign to censor and control speech,' she said. Gomez emphasized that the FCC lacks authority to pressure broadcasters for political purposes and that CBS is protected under the First Amendment. She urged media companies to resist such pressures, noting Paramount's ongoing regulatory matters, including a potential merger requiring FCC approval.
Colbert tied the incident to the show's announced end in May 2026, citing CBS's prior statement that the decision was for 'purely financial reasons.' No representatives from CBS or Paramount responded to further comment requests.