Is Stephan Colbert’s feud with CBS about his interview with James Talarico a real fight for First Amendment rights or a piece of brilliant gorilla marketing on Colbert and Talarico’s part? 

Let me start with the gorilla marketing argument first.  

Would anybody care about the James Talarico interview if he was just another guest on Colbert?  Would most people outside of the Lone Star State even have a clue who James Talarico was if he was just a regular guest on Colbert?

Colbert claims that CBS said that since Talarico was running for the Texas Senate he couldn’t be on The Late Show because the FCC has threatened to take action using a 1934 policy called the Equal Time Rule.  The Equal Time Rule basically states that if a broadcast entity offers time to one political candidate, they have to offer it to all their opponents.  

Since at least the 80’s, the Equal Time Rule was only enforced to make sure that if a station or network sold advertising airtime to one candidate, they had to make the same offer to all other qualified candidates. That’s a good rule.  

There was no equal time guarantee for guests on newscasts. For years late night talk shows were put under the newscast umbrella. 

But under the Trump administration that may be changing.  

On a recent podcast with conservative pundit Scott Jennings, FCC chairman Brendan Carr commented that maybe the ABC talk show The View should be forced to abide by equal time rules.  The View tends to take a more liberal look at the news and as we’ve seen, this administration takes a dim look at any political position that doesn’t align with MAGA. 

Remember Brendan Carr threatened ABC in the past when Trump and many MAGA followers were upset by a joke made by Jimmy Kimmel.  The joke wasn’t about Charlie Kirk’s murder, but rather President Trump’s reaction to it.  Because of Carr’s threats ABC took Kimmel off the air for a 5 days. 

Paramount, the parent company of CBS, has pandered to the Trump administration in the past. Considering the pressure put on ABC, Colbert claims CBS told him the Talarico interview could only be done online. 

After the show where Colbert made those claims against the network, CBS put out a press release saying that they didn’t tell him Talarico couldn’t be on the show. They said that if he was on, Colbert might have to offer the same time to Talarico’s political opponents. 

Stephan Colbert says that’s B.S. and on the following night went off on CBS and their lawyers once again. 

While all this was going on the story made national news and the interview was viewed on YouTube by millions of people. Many of them might not have seen it otherwise. Talarico then went on social media and used the controversy to raise money for his campaign. 

Brilliant gorilla marketing for both.

Or is it more than that?  Is this a fight for free speech and standing up to an administration that has disdain for opposing views?  Should any administration whether they are conservative or liberal use the Equal Time Rule to tell broadcast talk shows what guests they can and can’t have?

The media landscape has changed since 1934. 

When the Equal Time Rule was put in place there really were only a few AM radio stations on the air.  People didn’t have the countless number of options that we have today.  Cable programs, satellite radio, podcasts, internet websites and social media are not hindered by the same rules and regulations. 

Why should Colbert, Kimmel, Fallon, and The View have their hands tied, while shows like Greg Gutfeld, the Daily Show, Joe Rogan, Ben Shapiro and others play with no limits?

Stephan Colbert has nothing to lose by speaking out like this.  CBS has already told him he’ll be gone in a few months, so there are few negative consequences for him to speak truth to power. 

Just like Don Bacon is speaking out against President Trump now that he’ll be out of a job as well. 

You might not like the guests these shows put on their programs. And if you don’t, you have the right to change the channel and find one more to your liking.  That’s the beauty of America.  We don’t need Donald Trump or Brendan Carr to make those decisions for us. 

So, is this a battle for free speech or a brilliant gorilla marketing victory?  

I guess it’s both. 

Tom Becka is a long time Nebraska broadcaster who for over 30 years has been covering Omaha and Midwest issues on both radio and TV. He has been a guest on numerous national cable and news shows, filled in for nationally syndicated talk radio programs and Talkers Magazine has recognized him as one of the Top 100 talk show hosts in the country 10 times. Never afraid to ruffle some feathers, his ‘Becka’s Beat’ commentaries can be found online on Youtube and other digital platforms.