Colbert’s Texas Senate Interview Blocked by FCC ‘Equal Time’ Rule
By Susan Estrich
Saturday, 21 February 2026 09:40 AM EST
Stephen Colbert was right to be angry when CBS blocked an interview he wanted to do with a Texas Senate candidate on his show. However, blaming CBS alone is misplaced.
The real culprit is the Trump administration, which last month introduced new FCC “guidance” requiring entertainment talk shows to provide equal time for candidates. This move targets late-night platforms including Jimmy Kimmel’s ABC show and FCC chair Brendan Carr.
The rule emerges from conservative complaints that liberal hosts dominate late-night programming. Unlike small government libertarian groups, these are big government conservatives pushing for extensive regulation.
Until recently, the broadcast industry — following FCC lead — considered talk shows exempt from the “public interest” requirement that mandates equal opportunities for candidates on TV. In 2006, the FCC explicitly ruled that Jay Leno’s interviews on “The Tonight Show” were exempt.
The new guidance states: “This major announcement from the FCC should stop one-sided left-wing entertainment shows masquerading as ‘bona fide news,’” said Daniel Suhr of the Center for American Rights.
Brendan Carr tweeted: “For years, legacy TV networks assumed that their late-night & daytime talk shows qualify as ‘bona fide news’ programs — even when motivated by purely partisan political purposes. Today, the FCC reminded them of their obligation to provide all candidates with equal opportunities.”
The Colbert incident highlights the consequence: guaranteeing equal time for all candidates likely means no time for any candidate.
The rule effectively tells talk shows, including daytime programs like ABC’s “The View,” to avoid politics entirely — a message government should not send.
A spokesperson for the FCC described the new guidance as an escalation in the agency’s campaign to censor speech. Broadcasters should not feel pressured to water down critical coverage out of fear of regulatory retaliation.
CBS confirmed it had provided Colbert with guidance on compliance, including the requirement to offer equal airtime to the two other Democrats running in the Texas Senate race.
