Wisconsin TV stations have pulled an ad by a Republican super PAC that falsely accused Democratic Sen. Tammy Baldwin of voting to “cut Medicare” after the attorneys for the DSCC pointed out that no such vote had ever taken place.
“Why else would Baldwin vote to cut Medicare and use that money for electric vehicle subsidies?” began the ad from Restoration PAC, which is largely funded by conservative megadonor Richard Uihlein. The spot doesn’t cite a particular piece of legislation, but Democrats said the PAC was referring to Baldwin’s vote in favor of the Inflation Reduction Act.
That bill, however, did not cut Medicare in any way. Rather, it allows Medicare to negotiate prescription drug prices for the first time, which would save the program almost $300 billion. Medicare benefits would be unaffected. (The act also includes subsidies for buyers and manufacturers of electric vehicles.)
Restoration PAC was vulnerable to Democrats’ takedown demand because television stations can be held liable for publishing defamatory statements by third-party groups—one of the few ways in which there can be accountability for lying in the political arena.
Candidates, by contrast, have much more leeway. Under federal law, broadcasters cannot refuse to air ads from candidates’ campaigns as long as they’re paid for. Consequently, stations can’t be sued for defamatory ads from candidates because they have no choice but to run them. But since they face no such obligation when it comes to outside groups, stations must be more cautious, since they could find themselves hauled into court over false third-party advertisements.
Ultimately, Restoration PAC replaced the offending ad with a different version arguing the senator voted “to use Medicare money for electric vehicle subsidies, instead of seniors.” The PAC also suggested it had made the swap “before the Democratic groups complained,” according to the Milwaukee Journal Sentinel.
A Baldwin spokesperson, however, responded that the new ad was “just as false” as the initial one, according to the paper. Baldwin will likely face wealthy Republican businessman Eric Hovde in the November general election in a hotly competitive race that could help determine whether Democrats retain control of the Senate.