Section 315 1) - 4) (1959) establish a bonafide news exemption. that is for a show to be subject to the equal time requirement, it must be a bonafide news show (or news event). So since 1959 until Trump, chat shows, comedy shows, daytime entertainment shows etc. have been considered exempt. You could read the law and it's history here, though you wont scholarworks.law.ubalt.edu/cgi/viewcontent.cgi?article=1143&context=ublr.
Their reasoning to reclassify this particular comedy late night show from Trump's FCC is that it is "partisan". Though this is undoubtably true, this doesn't make the "late show" a bonafide news show. It'd be like calling Spitting Image a news show because they had a Thatcher puppet. The late show is not really any different in format to any other late night comedy show since carson. A comedy monologue, a song, some interviews with whoever they book. It's preposterous to call it a news show. And as others have pointed out, there's plenty of partisan interview shows on tv and radio that aren't even comedy entertainment, like newt gingriches that arent subject to equal time despite being partisan
(, Thu 19 Feb 2026, 12:00, Reply)