FIRE statement on Stephen Colbert’s James Talarico interview and continued FCC pressure

On Monday, Late Show host Stephen Colbert said CBS refused to allow him to air his interview with Texas Democratic senate candidate James Talarico, following the Federal Communications Commission’s Jan. 21 announcement to enforce the equal time rule on late night and daytime talk shows. The shows previously had been considered exempt from equal time requirements under the law’s exemption for news interviews. 

The following statement can be attributed to FIRE Chief Counsel Bob Corn-Revere:

America is not made freer when the government leans on someone’s First Amendment rights. Brendan Carr’s FCC is continuing its streak of naked partisanship by wielding the agency’s power in new and laughable ways. 

By putting pressure on late night talk shows critical of the Trump administration while openly admitting that conservative talk radio is immune from the FCC’s ire, he’s making himself the poster boy for big government putting its thumb on the scale of political debate.

Candidate interviews have long been exempt from “equal time” rules for good reason. It would be wrong if a Democratic administration demanded conservative talk radio hosts give equal airtime when they interview candidates, and it’s wrong for the Trump administration to demand the same of late night talk show hosts. 

Carr used to say that the FCC cannot act as the nation’s speech police, but now that he is chairman he has worn the badge proudly. Hypocrisy is not a virtue.