NPR Interviews Trevor Potter on 2012 Political TV: Ads, Lies and Videotape
Except taken from interview.
There are different laws regarding different political ads, according to Trevor Potter, who served as Sen. John McCain's campaign lawyer in 2008. Potter said an ad directly from a candidate must be accepted and aired by broadcast stations without editing. "That is not true for these outside groups, Super PACs or other organizations. There is no obligation for the stations to take that advertising," said Potter. "It is completely up to the stations whether they take it, how much they take."
It's fairly common for candidates to complain about ads and seek to have them pulled by threatening legal action, but it's pretty much an empty threat: The campaign ends, the candidate loses or moves on, with little appetite for an extended and expensive legal battle. Nevertheless, Potter said to expect more challenges in the coming months. "I think you're going to see more of these disputes because you've got more negative advertising," Potter said.
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