Stephen Colbert said CBS pulled a Democratic lawmaker’s interview from “The Late Show” over concerns about federal regulations. So, he posted it on YouTube instead.
The dispute marks the latest flash point in a growing tension between late-night hosts, broadcast networks, and the Federal Communications Commission.
James Talarico, a Democratic Texas state representative running for a highly competitive US Senate seat, was scheduled to appear on “The Late Show” on Monday night.
Colbert told viewers during his monologue that network lawyers intervened.
“He was supposed to be here,” Colbert said Monday night. “But we were told in no uncertain terms by our network’s lawyers, who called us directly, that we could not have him on the broadcast.”
Colbert said he was also told not to acknowledge the decision on air.
“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,” he said. “And because my network clearly doesn’t want us to talk about this, let’s talk about this.”
CBS said in a statement that it did not prohibit “The Late Show” from broadcasting the interview. It said it gave the show legal guidance.
While CBS didn’t air the interview on TV, the show uploaded it overnight to its YouTube page. By midday Tuesday, the video had racked up more than 2 million views — significantly more than other recent guest interviews, which had largely drawn between about 75,000 and 510,000 views on YouTube.
The last guest to surpass 1 million views was Bad Bunny, who appeared on “The Late Show” ahead of his Super Bowl halftime performance.
A spotlight on the FCC’s ‘equal time’ rule
Colbert said the network’s concerns stemmed from the FCC’s so-called “equal time” rule, which requires broadcast stations to provide equivalent opportunities to legally qualified political candidates.
“It’s the FCC’s most time-honored rule, right after ‘No nipples at the Super Bowl,'” Colbert said on Monday night’s television-aired monologue.
The rule applies to over-the-air television and radio broadcasters, but not to cable channels or online platforms — meaning CBS’s broadcast would fall under its purview, while YouTube would not.
He said most late-night talk shows — including his own — typically qualify for what’s known as the “bona fide news exemption.”
That carve-out is designed to give news and public affairs programs flexibility to respond to events without having to book opposing candidates for balance.
Colbert has hosted several Democratic and independent lawmakers this year, including Pennsylvania Gov. Josh Shapiro, Virginia Gov. Abigail Spanberger, and Sen. Bernie Sanders of Vermont.
In recent months, the FCC has stepped up scrutiny of broadcast networks.
On January 21, the FCC’s Media Bureau published a letter that said it had “not been presented with any evidence” that any current late-night or daytime talk show qualifies for the “bona fide news exemption.”
Colbert said that the letter is part of what worried CBS’s lawyers.
CBS said in its statement that, “The show was provided legal guidance that the broadcast could trigger the FCC equal-time rule for two other candidates, including Rep. Jasmine Crockett, and presented options for how the equal time for other candidates could be fulfilled.” It said the show decided to publish the interview through its YouTube channel instead.
Last week, the FCC opened a probe into Disney-owned ABC after “The View” hosted Talarico.
In the YouTube interview, Talarico said the regulatory scrutiny was politically motivated.
“I think that Donald Trump is worried that we’re about to flip Texas,” Talarico told Colbert. “This is the party that ran against cancel culture, and now they’re trying to control what we watch, what we say, what we read.”
Talarico is locked in a competitive Democratic primary for the Senate seat against Rep. Jasmine Crockett. The winner is expected to face a Republican nominee that could include incumbent Sen. John Cornyn, former Texas Attorney General Ken Paxton, or Rep. Wesley Hunt.
The open Senate seat is set to be decided during this year’s mid-term elections.
A broader strain between CBS and its staff
Monday’s standoff adds to an already complicated period for Colbert and his network.
In July, CBS said “The Late Show” would be canceled in May 2026, a move that was “purely a financial decision against a challenging backdrop in late night.”
It came after Colbert criticized CBS’s decision to settle a $16 million class-action lawsuit filed by President Donald Trump over its editing of a “60 Minutes” interview with his then-presidential opponent, Kamala Harris.
Some lawmakers raised concerns about CBS’s decision, questioning whether it was political.
CBS is owned by Paramount, which was acquired in August by David Ellison’s Skydance Media.
The network has faced other turbulence in recent months. Recently installed CBS News editor in chief Bari Weiss was criticized for her December decision to delay a “60 Minutes” segment on the Trump administration’s use of jails in El Salvador. And, on Monday night, Anderson Cooper said he would be leaving “60 Minutes” after 20 years on the show.
The FCC and representatives for Colbert did not immediately respond to requests for comment from Business Insider.
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