In a victory for Republican campaign committees, the Supreme Court issued an order on Friday that forces broadcast TV stations to cut the prices of election ads purchased by political parties and joint fundraising committees. The September 4 ruling came in response to a petition filed by the National Republican Congressional Committee and National Republican Senatorial Committee. The Supreme Court order was issued just in time for the start of a 60-day period before the election, in which broadcasters are required by US law to offer ad discounts to individual candidates.
Because of the top court’s order, TV stations must also give their lowest ad rates to political parties and joint fundraising committees, which face fewer limits on how much money they can raise and spend. The legally required discount is known as the “lowest unit charge,” or LUC. A US law that applies to any licensed station that airs election ads requires that the lowest price be charged for “the use of any broadcasting station by any person who is a legally qualified candidate for any public office in connection with his campaign.” The main legal question is whether “use… by” a candidate can refer to ad time purchased on a candidate’s behalf by parties and joint fundraising committees.
The Federal Communications Commission this year issued a public notice ordering broadcast TV stations to give the discounts to parties and joint fundraising committees. While both major parties could take advantage of the discounted ads, the Trump administration has pushed for the change, and four Democratic candidates contested it in court. The Democratic candidates won at the US Court of Appeals for the Fourth Circuit, where a judges’ panel found that the FCC public notice contradicts the plain language of US law that limits the discount to individual candidates.
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