Republicans Sue FCC to Expand LUC Eligibility

- Federal Court in Amarillo to Hear Case

The state and national Republican parties and four Republican politicians from Texas are suing the FCC to either expand the lowest unit charge (LUC) eligibility for political advertising beyond candidates to the party committees that support them or to bar the LUC policy altogether.

The plaintiffs allege that restricting LUC eligibility to candidates discriminates against parties by speaker in violation of the First Amendment. They also claim it puts candidates who coordinate advertising with their party at a competitive disadvantage with those who do not - the latter primarily being Democrats in the 2026 elections.

While the suit does not mention political action committees (PACs), a favorable ruling could lead to those entities' ads also being eligible for LUC.

READ THE LAWSUIT

The lawsuit will likely take several months to wend its way through the judicial system, with the U.S. Supreme Court potentially making a final ruling ahead of the 2028 general election.

The suit was filed in the U.S. District Court for the Northern District of Texas, Amarillo Division, which has a track record of ruling in favor of Republican interests or players.

Plaintiffs include U.S. Rep. Ronny Jackson and St. Rep. Caroline Fairly, both from Amarillo, and congressional candidates Jace Yarbrough from the Dallas area and Eric Flores from South Texas.

In addition to the FCC, other defendants include the U.S. Department of Justice and U.S. Attorney General Todd Blanche, as well as the Federal Election Commission and its two current commissioners.

Questions? Contact Oscar Rodriguez or call (512) 322-9944.