Equal time rule leads CBS to pull Stephen Colbert's James Talarico interview

The Late Show host Stephen Colbert has become embroiled in another disagreement with broadcaster CBS and the Trump administration in his final months on air before his show was cancelled. 

Colbert told viewers this week he was advised an interview slated for Monday's broadcast with Democratic Senate candidate James Talarico would violate "equal time" regulatory guidance from the Trump administration. 

So what is the equal time rule and is it being enforced more heavily on late-night and panel shows?

What happened?

Colbert said CBS lawyers informed him in "no uncertain terms" that Talarico could not appear on the show because the network feared violating the equal time rule enforced on political candidates.

In a workaround, Colbert interviewed Talarico for nearly 15 minutes and posted the video to YouTube and social media.

"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 said.

What has CBS said?

CBS disputes Colbert's comments, saying its attorneys only "provided legal advice" that broadcasting the interview could trigger the rule enforced by the Federal Communications Commission.

It comes as Colbert enters his final months on the show, which was cancelled after 33 years on air.

What does equal time mean?

In the US, there is legislation that has broadly governed the use of the nation's airwaves.

It includes a provision that applies specifically to coverage of political candidates.

It is called the Communications Act of 1934.

Essentially, if a station gives air time to one candidate, then the same station must offer comparable time to other candidates competing in the contest, should they ask for it.

It only applies to television and radio.

Streaming services, cable and social media aren't included.

Exceptions to the rule include newscasts, "bona fide" interview programs and coverage of live events or documentaries.

But if candidates host TV shows or appear in non-news programming, that triggers the provision.

Similar rules are enforced in Australia during an election campaign.

The Australian Communications and Media Authority guidelines for the broadcast of political matter say that if, during an election period, broadcasters must give reasonable opportunities to all political parties contesting the election.

The equal time rule hasn't traditionally been applied to talk shows in the US, but the Trump administration has made moves to change that.

In January, the Federal Communications Commission (FCC) warned late-night and daytime hosts that they must provide equal time to political candidates.

"The FCC has not been presented with any evidence that the interview portion of any late-night or daytime television talk show program on air presently would qualify for the bona fide news exemption," it read.

The agency suggested that Colbert might be "motivated by partisan purposes".

The Associated Press said the FCC had also signalled a crackdown on The View, a daytime talk show that has aired criticism of US President Donald Trump.

Who is James Talarico?

James Talarico is campaigning against Jasmine Crockett in the heated Texas Democratic primaries.

If he wins, he will go on to represent the party as a candidate for one of Texas's federal Senate seats at the midterm elections this year.

Senators are elected to staggered six-year terms.

A third of the 100 seats are up for grabs in any midterm election.

Texas, the largest red state in the US, is set to have one of the fiercest Senate races of the 2026 midterm cycle.

In the GOP primaries, scandal-plagued Texas Attorney General Ken Paxton will attempt to unseat four-term senator John Corbyn.

Internally, the GOP is concerned Mr Paxton winning the primaries could cost the party the Senate seat at the midterms.

In a memo sent this month, which was obtained by the Associated Press, party strategists said Mr Paxton would do worse than Mr Corbyn against any Democrat.

Democrats set their sights on Texas

While it has been 30 years since Democrats last won a statewide election in Texas, the party senses an opening as Trump deals with sagging approval ratings.

The Republicans are already performing worse than usual, with a recent 14-point swing to a Democratic candidate recorded in a state Senate seat election in the state's District Nine — a position previously thought to be out of reach for the party.

Democrats say the outcome shows voters are motivated to push back on the president and his party allies.

"I think Donald Trump is worried we're about to flip Texas," Talarico told Colbert during their interview.

Crockett suggested that Colbert could have avoided an issue with the FCC by having her on the show, as he had in the past.

Ms Crockett added that on the first day of early voting in the primaries, the "mania" over the interview "feels kind of convenient".

It is unclear if Colbert extended an invitation to be interviewed on his show to any other candidates from both parties in the Texas primaries.

Isn't Stephen Colbert due to go off air?

Stephen Colbert is due to wrap up The Late Show in May after it was cancelled in July.

CBS executives released a statement calling the move a "purely financial decision", labelling Colbert "irreplaceable".

"It is not related in any way to the show's performance, content or other matters happening at Paramount," they said in a statement.

But Colbert said the show's axing cleared a hurdle for CBS's parent company's potential merger with Skydance Media worth $12.9 billion, which required regulatory approval from the Trump administration.

Trump seemed to delight in the cancellation, writing on Truth Social: "I absolutely love that Colbert got fired."

Colbert has long been critical of the Trump administration, but on hearing the news his days on air were numbered, he said "the gloves are  off".

He added that he "didn't care for" Trump and thought he "doesn't have the skill set to be president".

ABC/Wires