The reason why TV stations must air controversial political ads

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MADISON, Wis. (CBS 58) -- Political advertisements are nearly impossible to avoid these days and it's left some people wondering why TV stations are obligated to run them.

Bottom line -- there's not much local news stations can do when it comes to airing campaign ads no matter how controversial they may be. The federal Communications Act of 1934 states broadcasters "shall have no power of censorship over the material broadcast" over an "appearance by a legally qualified candidate."

University of Wisconsin-Madison political science professor Eleanor Powell said the federal law means TV stations can't reject political ads for any reason, regardless if they are true or false, but adds those rules don't apply to non-political advertising, such as toothpaste or cereal commercials.

"It's a funny little loophole that we have," Powell said. "We're used to having advertisements on TV that are required to be factual, but political advertising falls under the First Amendment and the U.S. Supreme Court has ruled it's free speech and you can really say whatever you would like."

Broadcast stations, like CBS 58, are also required to accept political advertisements from each candidate in a contested race and give them equal air time.

The number of controversial, questionable or untrue statements in political ads has only increased in the last few years, Powell said, and it's a trend that's unlikely to slow down.

"This really nasty, increased vitriol and less factual stuff I would say dates back to 2016 where we've seen this tone shift," said Powell. "And, you know, viewers should brace themselves for more."

There are some exceptions to the Communications Act of 1934. It does not apply to cable networks or social media companies who do have the authority to reject or remove political content.

More information on the rules for political candidate advertising can be found here.

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