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.
that wasn’t part of anything in that decision. It was focused on the potential misreading of precedents on the broadcast TV side. Of course, as you know, the rule applies to broadcast, radio and TV, but that one was focused on those TV precedents.” The memo to broadcast TV was relative to the 1996 bona fide news interview exemption that came about in the wake of an interview Jay Leno did with then-California Governor Arnold Schwarzenegger on “The Tonight Show.” The FCC Media Bureau ruled that “The Tonight Show” did not have to give Schwarzenegger’s opponent equal time because that interview segment qualified as a bona fide news interview. This matter doesn’t seem to be a big one for news/talk radio since news/talk stations are viewed as news outlets, on top of the fact that most talk radio hosts would love the opportunity to interview candidates with whom they might not personally agree.