Broadcast stations aren’t allowed to censor or refuse to air political ads from qualified candidates.
Under Federal Communications Commission (FCC) regulations, “broadcast stations are prohibited from censoring or rejecting political ads that are paid for and sponsored by legally qualified candidates.”
Constitution Party nominee Randall Terry is on the ballot in a dozen states, including Michigan. The anti-abortion activist has been airing ads that include graphic pictures of aborted fetuses. His status as a legally qualified candidate means broadcast stations are required to air the ads.
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Jack Goodman, a Washington lawyer and former general counsel of the National Association of Broadcasters, spoke with the Associated Press earlier this month. Goodman said whether or not an ad can contain an obscenity has not been tested in court.
Generally, the FCC does not do any of the following:
- Review or pre-approve the content of political ads before they are broadcast.
- Ensure the accuracy of statements that are made by candidates and issue advertisers.
- Require broadcast stations and other regulatees to provide all sides of controversial issues.
- Oversee the nature and extent of the coverage that individual candidates receive under the news exemption.
The rule only applies to candidates, not political ads sponsored by non-candidate third parties. It also does not apply to cable networks or web-based broadcasts, like podcasts.
Political advertising laws
Earlier this year, expert David Oxenford spoke on Flashpoint to dig into the laws behind political campaigns and TV advertising. That video clip is available below.