Supreme Court Amicus Brief – Brown, et al. v. Federal Communications Commission, et al. (Lowest Unit Charge)

On September 3, 2026, Campaign Legal Center (CLC) filed an amicus brief with the U.S. Supreme Court, urging it to deny an emergency application to stay an appeals court's order striking down unlawful guidance issued by the Federal Communications Commission (FCC). The FCC guidance extends an advertising discount reserved solely for candidates (known as “the lowest unit charge”) to a broader array of political advertisers, including joint fundraising committees (JFCs) involving candidates. CLC’s brief explains that the FCC's position misreads the law and, based on recent developments in campaign finance law, would effectively allow super PACs to access the discounted ad rate, underscoring just how far the FCC has deviated from the law's text and purpose.