SCOTUS Hands GOP Midterm Win Over Political Advertising Rates

The justices intervened after a federal appeals court struck down an FCC policy that allowed political parties engaged in coordinated advertising to obtain the same favorable broadcast rates as candidates.

The emergency dispute arrived at the Court just as the discounted-rate requirements were scheduled to take effect and as campaigns began committing substantial sums to television and radio advertising.

Republican committees warned that broadcasters had already begun withdrawing favorable rates following the lower court decision, increasing the cost of reaching voters before Election Day.

The Supreme Court granted an emergency request from the National Republican Congressional Committee and National Republican Senatorial Committee, temporarily restoring the FCC policy while further litigation proceeds.

Justice Ketanji Brown Jackson was the only justice to publicly dissent from the Court’s unsigned decision.

The dispute concerns the Federal Communications Commission’s “lowest unit charge” rules, which require broadcasters to give legally qualified candidates favorable advertising rates during specified periods before elections.

In March, the FCC’s Media Bureau announced that those favorable rates could also apply under certain conditions to political parties and joint fundraising committees participating in coordinated political activity with candidates.