Stephen Colbert Challenges CBS by Hosting Banned Guest James Talarico on ‘The Late Show’

To kick off his evening program, Stephen Colbert introduced his show’s band, welcomed guest Jennifer Garner, and then playfully queried the audience, “Do you know who isn’t appearing on tonight’s show?”

The host from CBS promptly answered his own rhetorical question.

“James Talarico, a state representative from Texas, was scheduled to join us. However, we received a very direct call from our network’s legal team stating that he could not be featured on our show.

“Furthermore, I was ambiguously informed that not only was it prohibited to have him on the show, but I was also not allowed to discuss his absence on air. Since the network has clearly indicated their preference to avoid this topic… let’s dive into it.”

Colbert proceeded to shed light on the recent instructions from FCC Chair Brendan Carr concerning the ‘equal time’ rule. This rule mandates that broadcasters who provide airtime to qualified political candidates must also offer equal opportunities to their competitors upon request.

Deadline has contacted CBS for a statement, and we will update this post once we receive a response.

Historically, news shows have been exempt from the equal time rule, and in recent years, this exemption has been presumed to extend to daytime and late-night talk shows, such as The View and Jimmy Kimmel Live, which have featured political figures including Joe Biden and Kamala Harris.

However, new guidance from the FCC indicates that these programs should no longer assume they are covered by the ‘bonafide news’ exemption. According to Carr, a show’s exemption status will depend on several factors, including any partisan motivations behind hosting a political candidate. Carr pointedly noted, “If you’re fake news, you won’t qualify for the bona fide news exemption.”

Colbert noted, “It’s no surprise that Jimmy Kimmel and I are among those most impacted by this new challenge.”

In his recent remarks, Carr even specifically mentioned both hosts, a segment of which Colbert shared during his show.

Carr suggested, “If Kimmel or Colbert wish to continue their shows without this restriction, they are welcome to shift to a cable channel, a podcast, or a streaming platform.”

Following Carr’s advice, Colbert announced he would upload the full interview with Talarico on YouTube, which viewers can watch below.

Ted Johnson contributed to this report.