Opinion — Brown, et al. v. Federal Communications Commission, et al. (Lowest Unit Charge)

On August 25, 2026, the U.S. Court of Appeals for the Fourth Circuit invalidated a Federal Communications Commission “notice” that unlawfully extended the “lowest unit charge” — an advertising discount provided to candidates — to political party committees acting in coordination with candidates and joint fundraising committees that include both candidate and non-candidate members. Consistent with the position Campaign Legal Center urged in its amicus brief, the Court held that the guidance was contrary to the plain text of the relevant federal statute, which states that only “legally qualified candidates” are entitled to the lowest unit charge.