Oh, the theater of modern politics. It’s equal parts outrage, confusion, and performance art, with a side of legal ignorance thrown in for good measure. Case in point: the curious case of Texas Democratic Senate candidate James Talarico, CBS’s soon-to-be-canceled $20 million-per-year host Stephen Colbert, and the odious lies that somehow managed to make it all the way into late-night monologues and X threads.
Let’s start with a little inconvenient truth: the U.S. Federal Communications Commission’s equal-time rule exists. I know, I know. You can argue that it’s dumb, outdated, and about as modern as dial-up internet. But it’s there. Written in 1934, part of the Communications Act, it clearly states:
“If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station.”
Key point: this applies to broadcast television stations—NBC, CBS, ABC. Not cable. Not MSNBC. Not Fox News Channel. And yes, some professional political pundits apparently need a friendly reminder of that distinction.
The rule has exceptions, granted. Congress clarified in 1959, and the FCC in 2022, that “bona fide newscasts, bona fide news interviews, bona fide news documentaries and on-the-spot coverage of bona fide news events” are exempt. That means late-night comedy programs, entertainment talk shows, and your cousin’s podcast from the basement are not automatically exempt. If a candidate shows up on one, other candidates can—and legally should—demand equal time.
Fast-forward to January 21, 2026. FCC Chairman Brendan Carr publishes a notice about talk shows:
“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.”
Translation: just because Colbert jokes about politics doesn’t make it a bona fide news interview.
Now, cue the political theater. Texas holds its primaries on March 3. On the Democratic side, you have state representatives James Talarico and Jasmine Crockett, plus little-known Ahmad Hassan. And enter Colbert, who apparently wanted Talarico on The Late Show Monday night. Only… he didn’t air it. Instead, Colbert sat at his desk, monologuing:
“[Talarico] was supposed to be here, 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. 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. And because my network clearly doesn’t want us to talk about this, let’s talk about this.”
Ah, yes. The wit! The subtlety! The suggestion that CBS is some shadowy entity conspiring with the Trump administration to silence a Texas state senator. Classic late-night.
Colbert continued with his trademark “I am clever” shtick:
"But on January 21st of this year, a letter was released by FCC chairman and smug bowling pin Brendan Carr. In this letter, Carr said he was thinking about dropping the exception for talk shows because he said some of them were motivated by partisan purposes. Well, sir, you’re chairman of the FCC. So, FCC-U. I think you are motivated by partisan purposes yourself, sir. Hey, you smelt it, because you dealt it. You Dutch oven-ed America’s airwaves."
A laugh? Sure. Reality check? Not so much. CBS didn’t block Talarico. They reminded Colbert of the equal-time rule, which exists to protect other candidates—like Jasmine Crockett and Ahmad Hassan. That’s it. No Trump conspiracy. No censorship. Just a law that a few people apparently cannot be bothered to read.
Talarico, never one to miss a chance for digital dramatics, took to X to declare himself a victim:
“His FCC refused to air my interview with Stephen Colbert.”
Notice the subtle absurdity: the FCC doesn’t air shows. CBS does. Not to be outdone, Talarico went on MSNOW, declaring a First Amendment apocalypse:
"It should be troubling to all of us that the most powerful politicians and corporate executives are working together to sell out the First Amendment. They are selling out our freedom of speech in order to protect their own power and their own wealth. An attack on any one of our First Amendment rights is an attack on all of our First Amendment rights — whether you’re a Democrat or a Republican, a progressive or a conservative, this should be concerning to all of us."
Except, well, no. Nobody’s First Amendment rights were violated. Ever. The equal-time rule is not a silencer—it’s a procedural check designed to ensure fairness on broadcast networks. If you want to hate the rule, lobby to change it. Until then, you can’t simply scream “censorship” every time a legal obligation intersects with your spotlight.
Meanwhile, Crockett provides the much-needed perspective. On Jen Psaki’s program on MSNOW, she calmly explained:
"We actually received a phone call… They actually told CBS that they could go ahead and move forward with the interview of James Tallarico. They just needed to offer me equal time… I will tell you that I have no love for Bari Weiss. I have no love for Brendan Carr whatsoever. But I do think… The Late Show decided that this was the option. And I think that it was a good strategy."
Exactly. No drama. Just procedural law in action. Colbert and Talarico, meanwhile, are auditioning for roles in a political melodrama that exists only in their imaginations.
And let’s not forget Ahmad Hassan, the “also-ran” in this saga. A medical doctor with a surprisingly persistent campaign résumé, Hassan has never been on a major national program. And that’s precisely why the equal-time rule exists: it ensures that networks can’t pick favorites on public airwaves. If Talarico gets a red-carpet moment on CBS, Crockett and Hassan have the legal right to the same. That’s fairness, folks—not oppression.
Of course, some are ready to argue, “But shows like Colbert have political figures all the time!” True. The equal-time rule doesn’t stop anyone from appearing on television. It only applies when a broadcast network, using public airwaves, invites a declared candidate and refuses the same opportunity to others. Not cable, not podcasts, not magazines, not Twitter. Just the public resource that your tax dollars literally helped create.
Colbert’s complaint that radio talk shows somehow escape scrutiny is also… interesting. No candidate has successfully challenged that yet. Maybe that’s an idea for a future lawsuit. Or maybe it’s just more theater.
Meanwhile, Colbert posted the Talarico interview on YouTube. It has over five million views. Donations to Talarico’s campaign reportedly spiked. The narrative now, according to Politico’s Playbook:
"In years past, a broadcast network ditching your big interview on the night voting starts would have been a body blow for a state senator still trying to get national recognition. But not in this era… Dems have learned quickly these past 13 months that nothing fires up their own base like being attacked by Trump."
Except, again, none of that is true. CBS didn’t ditch Talarico. Trump didn’t attack anyone. Facts, it seems, are optional in this modern political theater.
So here we are: Colbert and Talarico, wearing the guise of the French Resistance, pounding the table over a law that exists to ensure fairness. Crockett, the procedural realist, calmly notes how it all works. Hassan, mostly ignored by the national press, is technically protected by the very rule causing the drama. And the rest of us are left with a masterclass in misdirected outrage.
There’s a simple lesson here: if the law is inconvenient, you can’t pretend it doesn’t exist. You can’t mischaracterize legal reminders as censorship. And, perhaps most importantly, no matter how funny your monologue or how dramatic your tweets, the FCC is not your puppet.
Somewhere, a lawyer somewhere is nodding along, muttering the timeless mantra: when the law is on your side, argue the law. When the facts are on your side, argue the facts. When neither the law nor the facts are on your side, pound the table and shout a lot.
