Colbert Says CBS Wouldn’t Air His Interview With Texas Democrat Due to FCC Concerns

Stephen Colbert has accused CBS of refusing to broadcast his interview with Democratic Texas state Rep. James Talarico, a U.S. Senate candidate, out of fear of the Federal Communications Commission (FCC).

“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,” said Colbert in the opening of Monday night’s episode.

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“Then I was told, in some uncertain terms, that not only could I not have him on, I could not mention me not having him on… and because my network clearly doesn’t want us to talk about this, let’s talk about this.”

Colbert said the directive from lawyers came following a guidance on changing broadcasting regulations put forward by chairman of the FCC Brendan Carr in January.

TIME has contacted CBS and its parent company, Paramount, for comment.

The FCC’s equal time rule stipulates that all political candidates must be given equal air time if one of their opponents features on a TV or radio broadcast during an election, but talk show and news interviews have traditionally been exempt from this rule.

Carr’s guidance published in January, however, sought to narrow this exemption for talk shows.

“The FCC has not been presented with any evidence that the interview portion of any late-night or daytime television talk show program on air presently would qualify for the bona fide news exemption. Moreover, a program that is motivated by partisan purposes, for example, would not be entitled to an exemption under longstanding FCC precedent,” Carr stated, appearing to suggest that certain shows have partisan motivations.

Colbert hit out at Carr and President Donald Trump on Monday’s episode.

“I think you [Carr] are motivated by partisan purposes yourself… Let’s just call this what it is. Donald Trump’s Administration wants to silence anyone who says anything bad about Trump on TV, because all Trump does is watch TV,” he said.

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Colbert’s team instead published the full interview with Talarico on the show’s YouTube channel, bypassing any envisioned TV restrictions.

“I don’t usually say this to a guest, but if people are watching this right now, it’s because they found us online, on YouTube,” Colbert said to Talarico, at the start of the interview. 

“I think that Donald Trump is worried that we’re about to flip Texas,” Talarico replied, referring to the upcoming midterm elections taking place in November. “This is the party that ran against cancel culture, and now they’re trying to control what we watch, what we say, what we read. And this is the most dangerous kind of cancel culture, the kind that comes from the top.”

Talarico made reference to ABC’s The View, after it was reported earlier this month that the FCC had launched an investigation after the TV show aired an interview with the Texas state representative, to determine if the program is violating equal time rules for interviews with political candidates. TIME has been unable to independently verify if such an investigation has been launched.

TIME has reached out to the FCC for comment.

Commissioner Anna M. Gomez, the lone Democrat on the FCC, condemned the “censorship” of Colbert’s interview with Talarico, calling it “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,” she argued. “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.”

Talarico is running as a Democratic candidate for Texas Senator, with primary party elections set for March 3. Republican Sen. Ted Cruz won the Senate election for Texas in 2024, with 53% of the vote.

Meanwhile, Colbert’s comments about broadcast censorship come as he approaches the final few months of The Late Show With Stephen Colbert. The show was canceled last July, with the network citing financial reasons.

However, many—including Democratic Sen. Elizabeth Warren —criticized the timing of the news, as it was announced days after Colbert, in an opening monologue, addressed how CBS’ parent company, Paramount, had reached a $16 million settlement with Trump over the editing of a 60 Minutes interview with former Vice President Kamala Harris. Colbert labeled the settlement a “big fat bribe,” referencing the then-pending sale of Paramount to Skydance Media, which required the approval of the Trump Administration.

Colbert’s final episode is due to air on May 21.

Trump celebrated the cancelation and expressed hope that other late-night TV shows, including that of his long-time adversary Jimmy Kimmel, would also be axed.

That hope was realized for a brief period in September last year.

Kimmel mocked Trump’s response to a reporter’s question over the death of conservative activist Charlie Kirk. “This is not how an adult grieves the murder of someone he called a friend. This is how a four-year-old mourns a goldfish,” said Kimmel, highlighting how Trump had pointed to the ongoing construction of a new ballroom at the White House in the background when speaking to reporters. Kimmel also said the “MAGA gang” was trying to “score political points” following Kirk’s assassination.

ABC swiftly announced it would suspend Kimmel’s show indefinitely—an update Trump referred to as “great news for America.”

When Kimmel’s show was reinstated a few days later, Trump heavily criticized the decision.