On February 17, 2026, Stephen Colbert revealed on air that CBS lawyers had told “The Late Show” staff “in no uncertain terms” that a taped interview with Texas state Rep. James Talarico could not be broadcast. Colbert posted the nearly 15-minute interview to the show’s YouTube channel instead, bypassing the FCC’s jurisdiction over broadcast television.

Background

Talarico, a Democratic candidate in the Texas U.S. Senate primary, had already appeared on ABC’s “The View” earlier in February. FCC Chairman Brendan Carr subsequently opened an investigation into “The View” over the appearance, asserting that late-night and daytime talk shows could no longer rely on a 2006 precedent that treated such programs as exempt from the FCC’s equal time rule. The rule requires broadcast stations to provide equivalent airtime to opposing political candidates.

In January 2026, the FCC issued guidance stating it had “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.” Carr signaled the agency would pursue enforcement actions against shows including “The Late Show” and “Jimmy Kimmel Live!”

The Blocked Interview

CBS lawyers contacted “The Late Show” production staff and directed them not to air the Talarico segment on the broadcast. CBS said the interview could trigger equal time obligations for other candidates in the Texas Democratic Senate primary, including Rep. Jasmine Crockett. Colbert said he had been instructed not to raise the matter on air but chose to address it publicly anyway.

CBS Response

CBS released a statement on February 18 denying it had prohibited the broadcast. The network said “The Late Show” was provided “legal guidance” about the equal time rule and “presented options for how the equal time for other candidates could be fulfilled.” Colbert responded on his next broadcast, calling the statement “crap” and reiterating that the network’s lawyers had directly told his team the interview could not air.

Broader Context

CBS parent company Paramount, under Skydance Media ownership since August 2025, faced particular sensitivity to FCC pressure amid ongoing corporate ambitions including a potential acquisition of Warner Bros. Discovery. The incident followed a period of heightened FCC scrutiny of broadcast media under the Trump administration, with Carr rejecting longstanding assumptions about talk show exemptions from equal time requirements. Democratic FCC Commissioner Anna Gomez characterized the enforcement push as “an escalation in this FCC’s ongoing campaign to censor and control speech.”

The episode highlighted tensions between broadcast networks’ regulatory obligations and their entertainment programming, with YouTube and other digital platforms operating outside FCC broadcast rules.