US Supreme Court orders TV stations to discount party election ads

The US Supreme Court ordered licensed broadcast TV stations to offer political parties and joint fundraising committees the lowest available rates for election advertising.

The order was issued on September 4, as the legally required 60-day period began during which broadcasters must offer discounted rates to individual candidates.

Dispute over the lowest rate

The ruling followed a petition by the National Republican Congressional Committee and the National Republican Senatorial Committee. The discount is known as the “lowest unit charge,” or LUC.

US law requires stations to charge the lowest price for use of broadcast facilities by a legally qualified candidate in connection with the candidate’s campaign. The Supreme Court’s legal question was whether that wording also covers airtime bought on a candidate’s behalf by political parties or joint fundraising committees.

The Federal Communications Commission issued a notice this year directing broadcasters to extend the discounts to parties and joint fundraising committees. Four Democratic candidates challenged the move in court.

A panel of the US Court of Appeals for the Fourth Circuit sided with the candidates, finding that the FCC notice conflicted with the plain language of the law, which limits the discount to individual candidates. The Supreme Court’s order rejected that position.

Both major parties can use the discounted rates. The administration of Donald Trump had backed the change.