Fourth Circuit sides with Cooper, Democrats in campaign ad rate dispute
A federal appeals court has sided with Roy Cooper and three other Democratic candidates in a campaign advertising dispute with the Federal Communications Commission.
The U.S. Court of Appeals for the Fourth Circuit issued its published opinion Aug. 26 in a case brought by Cooper, U.S. Sen. Jon Ossoff of Georgia, former U.S. Sen. Sherrod Brown of Ohio and U.S. Rep. Kristen McDonald Rivet of Michigan. Cooper is the Democratic nominee for North Carolina’s open U.S. Senate seat.
The case challenged an FCC public notice involving broadcast advertising rates for political parties and joint fundraising committees. The dispute centered on whether coordinated ads placed by party committees could receive the same lowest-unit-charge rates that federal law provides to candidates.
The court ruled for the candidates and against the FCC and the United States. The National Republican Congressional Committee and National Republican Senatorial Committee intervened in the case.
The ruling matters for federal campaigns because television and radio ad rates can shape how far campaign dollars go in the final weeks before an election. Candidate campaigns are entitled to certain lowest-unit rates during defined pre-election windows. Extending that treatment to party committees for coordinated advertising could affect spending strategy by campaigns and national party groups.
The case also has a direct North Carolina connection because Cooper is running for the U.S. Senate seat currently held by Republican Sen. Thom Tillis, who is not seeking reelection.
The Fourth Circuit’s decision came before the fall general election period, when campaigns and outside political groups typically increase broadcast advertising. The challenged FCC interpretation had been scheduled to affect the upcoming election cycle.
The court’s decision leaves candidate campaigns, political parties and broadcasters operating under a narrower interpretation of the rate rules unless further review changes the outcome.
Editor’s note: This article was drafted with the assistance of artificial intelligence and was reviewed and fact-checked by a member of the NC Political News editorial team before publication.
