⚖ Oral Arguments, with Context

The United States Court of Appeals for the Fourth Circuit hears argument in Sherrod Brown versus FCC. The petitioners are four Democratic candidates for federal office. They challenge guidance from the FCC's media bureau on the lowest unit charge, the discounted advertising rate broadcasters must offer during election periods. The guidance says those rates also apply to political party advertisements coordinated with a candidate, and to certain joint fundraising committees. Two Republican party committees have intervened to defend the guidance. Before the merits, the court must decide whether the appeal belongs here at all. The petitioners' application for review is still pending before the full commission, and the FCC argues that until the commission rules, there is no final order for a court to review. The petitioners say the election calendar cannot wait, because the discounted-rate period opens about sixty days before the November election. If the court reaches the merits, the question is what the statute means by use of a broadcasting station by a legally qualified candidate. The petitioners argue the discounted rate belongs to candidates and their own authorized committees. The FCC counters that the guidance continues what the agency calls longstanding practice.

Sherrod Brown v. FCC (No. 26-1785) — U.S. Court of Appeals for the Fourth Circuit, argued August 7, 2026.