Stephen Colbert kicked off Monday's Late Show monologue by introducing his band and guest Jennifer Garner—then pivoted to the guest he says CBS wouldn't let him have: Texas state Rep. James Talarico. Colbert told the audience that the Democrat "was supposed to be here," but that CBS' lawyers "in no uncertain terms" barred the appearance and even instructed him not to mention the decision on air. "Because my network clearly does not want us to talk about this… Let's talk about this," he said, per Deadline, before blasting the FCC for wanting to "silence anyone who says anything bad about Trump on TV."
At issue is new guidance from FCC Commissioner Brendan Carr on the federal "equal time" rule, which generally requires broadcasters that air a qualified political candidate to offer comparable time to opponents if asked. For decades, news programming has been treated as exempt, and late-night and daytime talk shows have typically operated as if they were covered by that "bona fide news" exception, allowing them to host candidates without triggering equal-time obligations. Carr's recent comments, however, have suggested that shows like The Late Show and Jimmy Kimmel Live! should not automatically count on that protection. He said regulators would weigh factors such as "partisan motivation" in booking candidates, adding, "If you're fake news, you're not going to qualify for the bona fide news exemption."
"Well, sir, you're chairman of the FCC, so FCC you," Colbert responded, per the New York Times. "Because I think you are motivated by partisan purposes yourself." As Carr noted shows could avoid the "equal time" rule by moving to cable, streaming, or podcasts, Colbert said he'd followed that advice—posting his full interview with Talarico on YouTube instead. Talarico began the interview by claiming Trump is "worried we're about to flip Texas" as Republicans are "trying to control what we watch, what we say, what we read" and "corporate media executives are selling out the First Amendment to curry favor with corrupt politicians."