Pennsylvania Governor Josh Shapiro's recent appearances on prominent talk shows like 'The Late Show with Stephen Colbert' and 'The View' have sparked discussions surrounding the FCC's 'Equal Time' rule. Despite the FCC's renewed focus on political guests on such programs, Shapiro's situation is unique: he is not yet officially recognized as a candidate under Pennsylvania law, thus bypassing the rule's application. This development highlights the intricate relationship between political figures, media platforms, and regulatory frameworks, and how legal technicalities can influence media coverage during election cycles.
Governor Shapiro's Media Engagements and the FCC's Equal Time Principle
On January 26, 2026, Pennsylvania Governor Josh Shapiro was a featured guest on 'The Late Show with Stephen Colbert,' with an upcoming appearance scheduled for 'The View' on January 27. These media engagements occur at a time when the Federal Communications Commission (FCC) has issued updated guidance, which potentially revises the long-standing exemption for talk shows from its "Equal Time" rule. This rule mandates that broadcasters provide comparable airtime to opposing political candidates during election periods.
However, Governor Shapiro's presence on these shows is not expected to activate the 'Equal Time' provision. This is due to a specific legal nuance in Pennsylvania. Although he formally commenced his re-election campaign on January 8 with events in Pittsburgh and Philadelphia, Pennsylvania law dictates that he will not be legally considered a gubernatorial candidate until February 17. This date marks the commencement of the period for circulating and submitting nomination petitions. To officially secure his candidacy, Shapiro must gather 2,000 supporting signatures, submit a $200 filing fee, and provide a statement of financial interests.
The historical context reveals that the 'Equal Time' rule, while applicable to political candidates, has traditionally excluded news coverage. A crucial shift occurred in 1996 when the producers of 'The Tonight Show,' then hosted by Jay Leno, successfully argued for an exemption, asserting that their program conducted "bona fide" news interviews. The FCC concurred, extending this waiver to late-night and daytime talk shows. Until recently, this exemption allowed such programs to host political figures without the obligation of offering equal airtime to their opponents.
The FCC's latest guidance, issued on January 21, explicitly states that there is insufficient evidence to suggest that interview segments on current late-night or daytime talk shows qualify for the "bona fide news exemption." Furthermore, the commission emphasized that programs driven by partisan motives would not be eligible for such an exemption. Brendan Carr, the FCC chair, appointed during the Trump administration, is perceived as targeting programs with a left-leaning inclination. Notably, Governor Shapiro is a Democrat, and Stephen Colbert is known for his critical commentary on former President Donald Trump.
The late-night television community has responded with humor to the FCC's renewed scrutiny. Stephen Colbert, on January 23, comically expressed his astonishment at the "new crackdown" on late-night television, framing it as an attempt to silence hosts like himself, Jimmy Kimmel, and Seth Meyers. Similarly, Jimmy Kimmel, on the same evening, playfully hinted at needing public support, alluding to a past incident where his show faced a temporary suspension following a controversial political joke.
This situation underscores the delicate balance between media freedom, political discourse, and regulatory oversight, especially as the lines between entertainment and news continue to blur in the modern media landscape.
The ongoing dialogue surrounding the FCC's 'Equal Time' rule and its application to political figures on talk shows prompts an important reflection on the role of media in shaping public opinion. While the current legal loophole allows Governor Shapiro to appear on these programs without triggering the rule, it highlights a broader question: should entertainment-focused talk shows be held to the same standards as traditional news outlets when political figures are guests? The humor employed by late-night hosts like Stephen Colbert and Jimmy Kimmel in response to the FCC's guidance also speaks to the resilience and critical function of satire in political commentary. It reminds us that even as regulations evolve, the media's ability to engage with, and sometimes lampoon, political developments remains a vital aspect of public discourse, encouraging viewers to critically evaluate the information presented across various platforms.