US Supreme Court orders TV networks to lower political advertising rates
The US Supreme Court has stayed an appeals court ruling that allowed television broadcasters not to offer political parties and joint fundraising committees the lowest rates for election advertising. The September 4 order means that during the 60 days before an election, broadcasters must apply such rates to these entities as well, Ars Technica reports.
The National Republican Congressional Committee and the National Republican Senatorial Committee filed the motion to stay the Fourth Circuit Court of Appeals' ruling. US law requires licensed stations that air election advertising to offer candidates the so-called lowest unit charge.
Dispute over discounted rates
The case concerned whether this rule also applies to advertising time purchased on a candidate's behalf by political parties and joint fundraising committees. The US Federal Communications Commission (FCC) had previously informed broadcasters that these organizations should also receive such discounts.
Four Democratic Party candidates challenged the FCC's position and won the case in the Fourth Circuit. The appeals court ruled that the commission's notice conflicted with the wording of the law, which provides discounted rates for individual candidates.
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Supreme Court's position
The Supreme Court did not consider the dispute on its merits. The Court said that the Fourth Circuit Court of Appeals likely lacked jurisdiction established by law because the candidates' petition for review was still pending before the FCC at that time.
The Court also concluded that the Republican committees would likely suffer irreparable harm without a stay of the ruling: higher advertising costs could make it harder for them to reach voters in the critical weeks before the midterm elections. The order was issued without indicating the positions of the individual justices; Justice Ketanji Brown Jackson dissented.
FCC Commissioner Anna Gomez, the commission's only Democrat, said that this decision, together with the Supreme Court's June ruling striking down limits on coordinated party spending, could open the way for unlimited contributions from wealthy donors. According to her, broadcasters will bear the financial consequences of the reduced advertising rates.
