The Supreme Court ordered TV channels to sell more election advertising at huge discounts

In a sign of victory for Republican campaign committees, the Supreme Court on Friday ordered broadcast television networks to lower the prices of election advertising purchased by political parties and joint fundraising committees. The Sept. 4 decision came in response to a petition filed by the National Republican Congressional Committee and the National Republican Senatorial Committee.

The Supreme Court’s ruling comes just in time for the 60-day period before the election during which broadcasters are required by US law to offer advertising discounts to individual candidates. The Supreme Court ruling also requires TV networks to charge the lowest advertising rates to political parties and joint fundraising committees, which face fewer restrictions on how much money they can raise and spend.

The legally required discount is known as the “minimum unit charge” or LUC. US law applicable to any licensed station broadcasting election advertising requires that the lowest price be charged for “the use of any broadcast station by any person who is a legally qualified candidate for any public office in connection with his election campaign.” The main legal question is whether “use by … a candidate” can refer to advertising time purchased on behalf of a candidate by parties and joint fundraising committees.

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