The concern about the interview stems from a requirement that broadcast stations give equal time to political candidates when they appear on-air. Although there are multiple exemptions to the provision, the Trump administration through the Federal Communications Commission has been moving to clamp down specifically on programs like Colbert's, which the agency has suggested may be "motivated by partisan purposes."
The Communications Act of 1934 includes a provision that applies specifically to coverage of political candidates. If a station gives airtime to one candidate, then the same station must offer comparable time to other candidates competing in the given contest, should they ask for it. There are exceptions to this rule, including newscasts, "bona fide" interview programs, coverage of live events or documentaries. Equal time only applies to broadcast television and radio. So pieces on cable, streaming services or social media aren't included.
- In a statement issued Tuesday, CBS said Colbert's show "was provided legal guidance that the broadcast could trigger the FCC equal-time rule for two other candidates" in the March 3 Democratic primary, "and presented options for how the equal time for other candidates could be fulfilled." Thereafter, the network noted, it was decided "to present the interview through its YouTube channel with on-air promotion on the broadcast rather than potentially providing the equal-time options." Talarico, a critic of President Donald Trump, posted a nearly minute-long clip of his interview with Colbert on X and called it "the interview Donald Trump didn't want you to see."
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