Why Stephen Colbert is right about the 'equal time' rule, despite warnings from the FCC

Why Stephen Colbert is right about the ‘equal time’ rule, despite warnings from the FCC
Published: February 22, 2026 8:02am EST

Seth Ashley
Professor of Communication, Boise State University


(The Conversation) Talk show host Stephen Colbert made headlines on Feb. 17, 2026, when he wrapped a network statement in a dog-waste bag and tossed it in the trash.

He did it live, while on air.

The move came after CBS lawyers reportedly told him he could not broadcast a scheduled interview with Democratic Texas Senate candidate James Talarico on his show, Late Night with Stephen Colbert. According to Colbert, the network warned him that broadcasting the interview could trigger the Federal Communications Commission’s equal time rule, which requires broadcasters to allow political candidates equal access to the nation’s airwaves.

....(snip)....

Colbert countered that in decades of late-night television, he could not find a single example of the rule being enforced against a talk show interview. He ultimately posted his Talarico interview on YouTube instead, where broadcasting rules don’t apply.

....(snip)....

Programs ranging from Meet the Press to The Jerry Springer Show to The Tonight Show and other interview-based broadcasts have been treated as “bona fide news interviews,” even when hosted by comedians. That’s why Colbert’s claim that there is no enforcement history against late-night talk shows is accurate. .................(more)

https://theconversation.com/why-stephen-colbert-is-right-about-the-equal-time-rule-despite-warnings-from-the-fcc-276559