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Supreme Court Forces TV Stations to Sell Election Ads at Discounts

Ars Technica •
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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. 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 Supreme Court didn’t rule on the merits of the case but said the Fourth Circuit should not have intervened because the FCC hasn’t made a “final” decision on a challenge filed by the Democratic candidates. The stay could have a major impact during this election-ad season, in part because of a previous Supreme Court decision that struck down related limits on campaign spending.