Why Candidates Must Say ‘I Approve This Message’ in Campaign Ads

Each election season, television is packed with political ads by candidates seeking public office. Anyone watching such ads might notice one thing they all have in common: The candidate saying, "I’m (name), and I approve this message."

Why do candidates say "I approve this message" in their political ads? In short, because it is required by state and federal campaign laws.

If a political ad does not include this disclosure, it is either in violation of the law, or it has been produced by a group other than the candidate’s committee (and it is still required to include information about who funded it).

Courts have ruled that though the First Amendment means the government cannot typically force people to speak, this requirement is a minimal burden on candidates’ free speech that is OK because of the need to promote election transparency.

In this article, we explore the purpose and history of the "stand by your ad" law. We also discuss why requiring candidates to say "I approve this message" is a regulation of free speech that does not violate the First Amendment, even though it is compelled (government-required) speech.

What is the federal stand by your ad law?

Candidates for federal offices such as senator, representative or president must include "I approve this message" in radio and television campaign ads under the stand by your ad law.

Federal campaign finance laws including the Federal Election Campaign Act of 1971 and the Bipartisan Campaign Reform Act of 2002 lay out limits and requirements for political campaigns’ finances and communications.

RELATED: Political campaign spending and free speech explained

There are several types of disclosure requirements for campaign ads by candidates and advocacy groups.

For example, campaign materials – anything from yard signs to mailed postcards to paid ads – must include information about the name and contact information of the person or group paying for the materials. As of March 1, 2023, the requirements apply to online ads too. There are some exceptions to disclosure requirements for small items where such a message wouldn’t fit, like on a pen, or where it can’t practically be included, like in skywriting, and for purely administrative items campaigns have, like a checkbook.

The federal stand by your ad law is part of the 2002 Bipartisan Campaign Reform Act that specifically requires radio and television ads by candidates to include a statement by the candidate affirming that they endorse the ad’s message. In radio and TV ads, they must clearly state aloud that "(their name) is responsible for the content of this advertising," and that they "approve this message" (or language with equivalent meaning). TV ads must include a clear full screen view of the candidate, either as a still image or a video. They must also include audio and on-screen text stating who is responsible for the ad, which runs for at least four seconds and takes up at least four percent of the vertical height of the screen (to ensure that it is actually seen and heard).

Each state also has its own disclosure requirements for political advocacy groups and for candidates for state-level offices such as state legislator and governor. They vary widely in what disclosures they require.

If a candidate omits the "I approve this message" language required by the federal and state versions of the stand by your ad law, TV and radio station managers running the ads can charge more money to air them (usually stations must offer their lowest available rate for political ads). Under some equivalent state laws, candidates may be fined.

How does the First Amendment apply to the federal and state versions of the stand by your ad law?

The First Amendment is designed to ensure that everyone can participate in the political process, so it is very protective of political speech. The First Amendment also typically prevents people from being forced by the government to speak.

How can the "I approve this message" line be required by a stand by your ad law without violating candidates’ free speech rights?

This requirement has faced criticism and legal challenges on free-speech grounds. One argument against requiring the disclosures is that the First Amendment typically protects anonymous political speech, so it should protect anonymous political ads too. Another argument against the federal and state versions of the stand by your ad law is that they limit speech because the required messages take up valuable time in short broadcast commercials, leaving less time for candidates’ messages.

However, the U.S. Supreme Court has specifically upheld the federal stand by your ad law and said that the disclosure requirements do not violate free speech rights. It has ruled that they are an OK limit on speech because they help the government protect the election process through promoting transparency and accountability and because they are a relatively small burden on the political candidate.

Political campaign disclosure and disclaimer requirements have been upheld in 2003 in McConnell v. Federal Election Commission and in 2010 in Citizens United v. Federal Election Commission. In both cases, the court said the federal stand by your ad law that the FEC was enforcing "impose no ceiling on campaign-related activities," and "do not prevent anyone from speaking."

The requirements help voters be fully informed about political candidates and elections.

Why does the federal stand by your ad law exist?

The primary reason that lawmakers enacted the federal stand by your ad law was to increase trust in the political process, in campaigns and in elections.

The idea is that by requiring transparency in ads, it helps voters be informed and able to hold candidates accountable for what they say.

RELATED: Can candidates lie in political ads?

An additional effect of enacting the requirement was to discourage negative attack ads critical of political opponents.

Negative ads have grown in popularity since the 1960s, when many such ads were aired anonymously. In the 1970s, the Federal Election Campaign Act enacted more disclosure requirements for political ads. In the 1990s, some state-level political campaigns made pledges not to use negative ads. North Carolina passed a law requiring additional candidate disclosures similar to the later federal stand by your ad law.

This possible effect could be seen from a First Amendment perspective as a limit or chilling effect on speech.

But research has shown that the requirement hasn’t measurably decreased negative ads, and further research has shown that there is not strong enough evidence to show that negative ads impact voting more than any other type of political ad.

The federal stand by your ad law passed as part of the Bipartisan Campaign Reform Act in 2002 expanded on required disclosures. While parts of the law limiting campaign contributions and spending have been struck down by the Supreme Court as unconstitutional limits on speech, the stand by your ad law was upheld.

Today, many states have their own version of a stand by your ad law, too.

This report is compiled based on previously published Freedom Forum content. The editor is Karen Hansen. Email.