Supreme Court sides with GOP in TV ad rate war

Giving political campaign committees a deal could favor Republicans, whose candidates typically raise less than their Democratic counterparts.WASHINGTON (CN) — The Supreme Court granted an emergency appeal from Republicans on Friday to help political party committees secure low-cost rates for television ads ahead of the midterm elections.The National Republican Congressional Committee and the National Republican Senatorial Committee asked the justices to intervene after an appeals court held that only candidates were entitled to such rates.The lowest unit charge requirements allow legally qualified candidates to purchase campaign advertising on broadcast television and radio networks at cheaper rates than outside groups. In March, the Federal Communications Commission’s media bureau issued a public notice that political party committees and joint fundraising committees also qualified for the discount.Democratic candidates in battleground states including Georgia Senator Jon Ossoff, former Ohio Senator Sherrod Brown and former North Carolina Governor Roy Cooper challenged the new policy guidance. Last week, the Fourth Circuit shot down the public notice and determined election ad discounts are just for candidates.Before March, the FCC never provided guidance including political parties and joint fundraising committees within the lowest-unit cost benefit rule. Democrats argue blocking the March guidance would maintain the status quo ahead of elections.“Broadcasters will ultimately have to decide for themselves whether to offer lowest unit charge to the party committees in the absence of the public notice,” Democrats wrote.While the spending rules apply equally to both parties, the March guidance could have boosted Republicans, whose party committees tend to raise more money than individual candidates. The inverse is true for Democrats, whose candidates typically raise more funds.In their emergency appeal, the committees said the dispute will affect how tens of millions of dollars are spent in this year’s midterm elections. They argue limiting the benefit to candidates threatens the committees’ First Amendment rights.“Denying lowest unit charge rates to certain political actors ‘risks smothering political speech severely,’” the committees wrote.Just two months ago, the Supreme Court’s conservative majority struck down restrictions on campaign spending between political parties and candidates in a separate case brought by Republicans. Democrats celebrated the latest appeals court’s ruling as a blow to the advantage Republicans gained from the high court’s decision.But Republicans say the Fourth Circuit violated the Supreme Court’s decision by enforcing indirect limits between candidates and parties.“Restricting that political coordination ‘abridges political parties’ freedom of speech,’” Republicans wrote. “So laws that inhibit political-party coordination, such as political-party coordinated-expenditure limits,’ ‘violate the First Amendment.’ The Fourth Circuit’s order inhibits political-party coordination by interpreting the Communications Act in a manner that ‘favors some … modes of candidate speech while disfavoring others.’”The lowest unit charge requirements were set to take effect Friday.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads