CBS Lawyers Blocked 'The Late Show' From Hosting Candidate James Talarico, But Not Senator Jon Ossoff

The FCC's 'equal time' rule applies to legally qualified candidates, but not all politicians

Published on Feb. 19, 2026

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The Late Show host Stephen Colbert revealed that CBS lawyers prevented him from hosting Texas state representative James Talarico, citing the FCC's 'equal time' rule for legally qualified candidates. However, the network is allowing Colbert to interview Senator Jon Ossoff, who is running for reelection in Georgia, as Ossoff is not yet considered a 'legally qualified candidate' under FCC guidelines.

Why it matters

This case highlights the nuances of the FCC's 'equal time' rule, which requires networks to provide equal airtime to rival candidates if they feature a legally qualified candidate. The rule aims to ensure fairness in political coverage, but its application can be complex, especially for high-profile late-night TV appearances.

The details

Colbert said CBS lawyers directly told The Late Show that they could not host Talarico, who is running for the Texas Senate, because it would trigger the FCC's 'equal time' rule and require the network to provide airtime to Talarico's rivals. However, CBS is allowing Colbert to interview Senator Jon Ossoff, who is running for reelection in Georgia, because Ossoff is not yet considered a 'legally qualified candidate' under FCC guidelines since the qualifying period for the Georgia primaries has not yet begun.

  • On February 16, 2026, Stephen Colbert revealed that CBS lawyers prevented The Late Show from hosting Texas state representative James Talarico.
  • Senator Jon Ossoff is scheduled to appear on The Late Show on February 22, 2026.

The players

Stephen Colbert

The host of The Late Show on CBS.

James Talarico

A Texas state representative who is running for the Texas Senate.

Jon Ossoff

A Democratic senator from Georgia who is running for reelection.

Jasmine Crockett

A candidate running against James Talarico in the Democratic primary for the Texas Senate.

Ahmad Hassan

A candidate running against James Talarico in the Democratic primary for the Texas Senate.

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What they’re saying

“'[James Talarico] was supposed to be here, but we were told in no uncertain terms by our network's lawyers, who called us directly, that we could not have him on the broadcast,'”

— Stephen Colbert, Host, The Late Show (The Late Show)

“'The show was provided legal guidance that the broadcast could trigger the FCC equal-time rule for two other candidates, including Rep. Jasmine Crockett, and presented options for how the equal time for other candidates could be fulfilled. The Late Show decided to present the interview through its YouTube channel with on-air promotion on the broadcast rather than potentially providing the equal-time options,'”

— CBS (CBS)

What’s next

The FCC may provide further clarification on the application of the 'equal time' rule for late-night TV appearances by political candidates.

The takeaway

The FCC's 'equal time' rule is designed to ensure fairness in political coverage, but its application can be complex, especially for high-profile late-night TV appearances. This case highlights the need for clear and consistent guidelines to navigate the nuances of the rule and maintain a level playing field for all candidates.