Supreme Court upholds FCC policy on discounted political ad rates

The U.S. Supreme Court has ruled in favor of the Federal Communications Commission (FCC), allowing the agency to maintain its policy regarding discounted political advertising rates during the midterm election cycle. The decision reverses a lower court order that had required the FCC to rule within 48 hours on a Democratic challenge to the policy.

The FCC’s revised guidance extends the lowest unit charge rates—which broadcasters must offer to candidates—to include political parties and joint fundraising committees. This policy was challenged by Democratic candidates and officials who argued it could impact the competitive balance of advertising spending.

In a 7-2 emergency decision, the Court’s majority opinion stated that the judiciary should not interfere with the executive branch’s deliberations, noting, “Our system of separation of powers does not allow the Judiciary to meddle” in such a manner. Justices Sonia Sotomayor and Ketanji Brown Jackson dissented from the ruling. The decision comes as political ad spending is projected to reach $11.6 billion this cycle.