National Republican Congressional Committee v. Brown

609 U. S. ____ (2026) · 9/04/26

Because the Fourth Circuit likely lacked jurisdiction to review the Federal Communications Commission’s lowest-unit-charge requirements while the candidates’ application for review remained pending before the Commission and the party committees would otherwise suffer irreparable First Amendment harm, the party committees’ application for a stay is granted.

On March 30, 2026, the Media Bureau, a division of the Federal Communications Commission (FCC), issued a “public notice” concerning the FCC’s lowest unit charge (LUC) requirements. Pursuant to those requirements, “[t]he charges made for the use of any broadcasting station by any person who is a legally qualified candidate for any public office in connection with his campaign” must be set at favorable rates known as the “lowest unit charge” in the weeks leading up to primary and general elections. 47 U. S. C. §315(b)(1)(A). The notice stated that political candidates, joint fundraising…

On April 29, 2026, four Democratic candidates for Congress filed an application for review with the FCC, arguing that only political candidates were entitled to the LUC and asking the full Commission to set aside the public notice as unlawful. Two months later, while their application was still pending before the Commission, the candidates filed a petition for review against the FCC and the United States in the Fourth Circuit seeking the same relief. With the LUC requirements scheduled to take effect on September 4, 2026 ahead of the upcoming midterm elections, the Fourth Circuit expedited…