Statement of Administration Policy: H.R. 5756 - Campaign Advertising Act

(House)
(Dingell (D) Michigan and 12 others)

The Administration opposes enactment of H.R. 5756, unless section 3(3) is deleted or modified to avoid constitutional concerns. That subsection would prohibit most preemption of campaign- related broadcast advertising. It could prevent broadcast licensees whose contracts reserve the right to preempt campaign- related advertisements from exercising those rights. It could also be understood to prohibit preemption of advertising by affiliates who are not obligated by contract to carry a message purchased from a network or other entity. This restriction could violate the First Amendment by depriving broadcasters — and potentially cable television operators — of the freedom to air programming of their choice.