Broadcast Law Blog

Broadcast Law Blog

Tag Archives: attack ads

Ted Cruz Demands Takedown of PAC Ad Attacking His Voting Record – Issues that Broadcast Stations Need to Consider When Threatened by Candidate Wanting an Ad Pulled

Posted in Advertising Issues, Political Broadcasting, Programming Regulations, Television
According to Politico, Ted Cruz’ campaign has demanded that TV stations pull certain PAC ads which he claims distort his voting record on immigration issues. This kind of claim from a political candidate about the unfairness of attack ads is common. Here, Cruz’ representatives apparently don’t threaten lawsuits against the stations for running the ads,… Continue Reading

What’s a Broadcaster to Do When a Candidate Complains About the Truth of an Attack Ad? – Dealing with Ads from Non-Candidate, Third-Party Organizations

Posted in Advertising Issues, Political Broadcasting
As we move into the final weeks of the election season, and races heat up, there are always issues about attack ads and what a station needs to do when they receive a “take-down” notice from a candidate who is being attacked. We recently wrote about candidate ads, and the “no censorship” provision of Section… Continue Reading

California Congressman Files Suit against TV Stations for Alleged Defamation in Third-Party Advertising

Posted in Political Broadcasting
In these last days before the November election, the third-party ads attacking candidates in various political races don’t show any sign of letting up. In fact, press reports indicate that, if anything, the use of these ads is expanding to states not yet receiving them as, because there is so much money in these organizations and so… Continue Reading

Political Broadcasting Refresher Part 4 – No Censorship – How Can Candidates Get Away With Those Attack Ads?

Posted in Political Broadcasting
How can political attack ads get away with taking out-of-context statements of the candidates that they are attacking, and twisting these statements to convey meanings that were never intended by the candidate who first uttered the words? And how can political ads take a single line of an incredibly complex piece of legislation and use that… Continue Reading

Why Broadcasters Have To Air Political Attack Ads Even If They Don’t Want To

Posted in Political Broadcasting
With the Florida broadcast airwaves overrun with political ads in the last few days – the great majority of them attack ads – many ask why do broadcasters keep running those ads?  Of course, there are revenue considerations.  But as the attacks get nastier, and perhaps even go against the interest of the station owners themselves,… Continue Reading

What to Do With Cease and Desist Letters About Political Ads

Posted in Political Broadcasting
Citizens United has led to many third party political ads, which in turn has led to many cease and desist letters to broadcasters and cable operators that they pull those ads. Most concern "false and misleading" statements, which should not be a concern in the political realm. A few concern potential defamation, which may be of concern. Getting substantiation is wise, but in most cases, there is no need to pull the ads in question.… Continue Reading

What is the Impact on Broadcasters of Supreme Court Decision that Corporations Can Buy Political Ads? More Money, More Ad Challenges and the Return of the Zapple Doctrine

Posted in Fairness Doctrine, Political Broadcasting
The Supreme Court Decision in Citizens United v. Federal Election Commission, freeing corporations to use their corporate funds to take explicit positions on political campaigns, has been mostly analyzed by broadcast trade publications as a good thing – creating one more class of potential buyers for broadcaster’s advertising time during the political season – which seems… Continue Reading

Broadcasters Prohibited From Censoring a Candidate’s Ad

Posted in Political Broadcasting
As we enter the waning days of this election season, where some candidates get more desperate and the attack ads get sharper, broadcasters are often faced with requests that they pull an ad created by a candidate.  Claims are made that the ad contains untrue claims about an opponent or that the ad contains copyrighted material used without permission. … Continue Reading

Independent Groups Start Running Presidential Attack Ads – What Are the Legal Implications for Broadcasters?

Posted in Political Broadcasting
The American Issues Project has recently started running a controversial new television ad attacking Barrack Obama for his connections to former Weather Underground figure William Ayers.  The text of the ad is reported here.  While reportedly some cable outlets (including Fox News) have refused to air the ad, numerous broadcast stations are also wondering what the… Continue Reading

The Run-Up to Super Tuesday – Rush, the Super Bowl, Union Ads and an Hour on the Hallmark Channel

Posted in Political Broadcasting
In the last few days before the Super Tuesday series of presidential primaries, efforts are being made across the political spectrum to convince voters to vote for or against the remaining candidates.  With Obama buying Super Bowl ads in many markets, Clinton planning a one-hour program on the Hallmark Channel the night before the primaries,… Continue Reading