Pennsylvania Governor Josh Shapiro is set to appear on The
Late Show with Stephen Colbert on Monday night, and despite renewed
scrutiny from the Federal Communications Commission, the appearance will not
trigger the FCC’s long-dormant “equal time” rule.
That rule requires TV stations to give comparable airtime to
opposing political candidates during an election. But there’s a crucial detail
here: the rule applies only to legally recognized candidates, not sitting
officeholders who have not yet formally qualified for the ballot.
While Shapiro announced his reelection campaign earlier this
month, Pennsylvania law does not recognize gubernatorial candidates until Feb.
17, the first day nomination petitions can be circulated and filed. Until that
date, Shapiro is not legally considered a candidate under FCC regulations. As a
result, local CBS stations airing Colbert’s show are not required to offer
airtime to Shapiro’s Republican opponent.
The timing matters even more given the FCC’s new guidance
released last week, which signaled a potential rollback of exemptions long
enjoyed by daytime and late-night talk shows. Since the mid-1990s, programs
like The Tonight Show, The Late Show, and The View have
been exempt from equal time requirements under the “bona fide news interview”
exception.
But FCC leadership now argues that many talk shows may no
longer qualify for that protection, especially if they are seen as politically
motivated. The guidance stopped short of immediate enforcement but warned that
exemptions are not automatic.
Despite that shift, Shapiro’s appearance remains unaffected.
Not only is he not yet a legally defined candidate, but he is also promoting
his memoir, Where We Keep the Light, rather than explicitly campaigning.
He is also scheduled to appear on The View this week under similar
circumstances.
FCC Chair Brendan Carr, appointed by President Donald Trump,
has taken aim at programming perceived to lean left, a category that includes
Colbert and other late-night hosts who regularly criticize Trump. Still, even
under stricter enforcement, the equal time rule would not apply in this case.
Late-night hosts have responded to the FCC’s posture with
open mockery. Colbert joked on air about the crackdown, while Jimmy Kimmel
suggested political comedy could once again face real regulatory pressure.
For now, though, Shapiro’s TV appearances are firmly within
the rules. Once Pennsylvania’s candidacy window officially opens next month,
that legal shield disappears — and late-night bookings could become a much more
complicated issue for broadcasters heading into election season.
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