Colbert-Talarico Interview Draws Attention to Equal Time Rule as FCC Commissioners Disagree About its Interpretation
It’s no surprise to regular TALKERS readers that FCC Chairman Brendan Carr and Democratic Commissioner Anna M. Gomez disagree – at least to some degree – on how the equal time rule should be applied
to television and radio programming. After the back-and-forth between The Late Show’s Stephen Colbert and CBS attorneys over the interview with U.S. Senate candidate U.S. Rep. James Talarico that did not air on CBS television but was pushed out on the show’s social media accounts instead, broadcasters – including news/talk radio programmers and hosts – may be confused about how the equal time rule is being applied.
For her part, Gomez issued the following statement: “This is yet another troubling example of corporate capitulation in the face of this Administration’s broader campaign to censor and control speech. The 
FCC has no lawful authority to pressure broadcasters for political purposes or to create a climate that chills free expression. CBS is fully protected under the First Amendment to determine what interviews it airs, which makes its decision to yield to political pressure all the more disappointing. It is no secret that Paramount, CBS’s parent company, has regulatory matters before the government, but corporate interests cannot justify retreating from airing newsworthy content. The FCC is powerless to impose restrictions on protected speech, and any attempt to intimidate broadcasters into self-censorship undermines both press freedom and public trust. I once again urge broadcasters and their parent companies to stand firm against these unlawful pressures and continue exercising their constitutional right to speak freely and without government interference.”
As far as news/talk radio is concerned, TALKERS editors have pointed out that in most cases, talk radio stations and their hosts are usually happy to have any qualified candidate be interviewed – whether
Republican or Democrat. Often, Democratic candidates balk at being interviewed by conservative hosts for fear they will not get a “friendly” interview as their Republican opponent might have. Regardless, the law is about equal time, and the matter late night shows are dealing with is assuming they qualify for the “bona fide news” exemption that excuses them from the equal time rule. Chairman Carr’s position is there is no blanket exemption; it is taken on a case-by-case basis.
interview due to potential implications under the Federal Communications Commission’s “equal time” rule. The rule requires broadcast licensees to provide equal opportunities to legally qualified candidates for public office if one candidate is given airtime.
clear on what this is. This is government intimidation, not a legitimate investigation. Like many other so-called ‘investigations’ before it, the FCC will announce an investigation but never carry one out, reach a conclusion, or take any meaningful action. The real purpose is to weaponize the FCC’s regulatory authority to intimidate perceived critics of this Administration and chill protected speech. That is not how a free society operates. The First Amendment protects the right of daytime and late-night programs to cover newsworthy issues and express viewpoints without government interference. I urge broadcasters and their parent networks to stand strong against these unfounded attacks and continue exercising their constitutional rights without fear or favor.”