AUSTIN, Texas — State Rep. James Talarico, who is running for U.S. Senate, spoke to supporters Tuesday night as early voting began in Texas, following controversy over an interview with “The Late Show with Stephen Colbert” that aired online instead of on television.
Colbert said CBS blocked the interview from airing on TV. CBS, however, said the network had received legal guidance that the broadcast could trigger the FCC equal-time rule for two other candidates, including Rep. Jasmine Crockett.
The interview was set to run just before early voting for the March 3 Democratic primary. Talarico described the situation as “the most dangerous kind of cancel culture.”
“You all may have seen that they’ve launched a probe into The View after I went on that show,” Talarico said, referring to a previous FCC action. “So it’s the second time we’ve been targeted by the FCC.”
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Colbert explained the network’s concern during his show, noting the equal-time rule requires that if a show hosts a candidate during an election, it must offer all opponents an equal opportunity to appear. The FCC issued guidance Jan. 21 saying the rule now applies to daytime and late-night talk shows, which were previously exempt.
Russ Horton, a lawyer with George Brothers Kincaid & Horton LLP in Austin, who frequently works on First Amendment issues, said the new guidelines could pressure networks to limit political appearances on entertainment programs. “The legal department of CBS decided they just didn’t want to risk having a candidate the current administration may not view as favorable,” Horton said.
Rep. Crockett, who is also running in the Democratic primary, said she understood CBS offered options to air Talarico while maintaining equal-time compliance. “There may have been advice to just have me on, and then they could clear the issue. It was my understanding that someone somewhere decided we just don’t want to do that,” she said.
Talarico kicked off early voting in Austin with a rally Tuesday night, telling supporters he is ready for the upcoming primary. CBS Austin also reached out to Ahmad Hassan, a third Democratic candidate, but had not received a response.