Judge Jennifer Rochon: Trump Ad Order Violated by UFC Broadcast

• A federal judge ordered the removal of specific pro-Trump advertisements, including one promising $5,000 to Americans, due to concerns about taxpayer-funded propaganda.
• The UFC aired one of these barred ads on Paramount+ over the weekend, more than 24 hours after the injunction was issued.
• Watchdog group Common Cause, which initiated the lawsuit, is now considering further legal action due to perceived non-compliance with the federal court order.
• U.S. District Judge Jennifer Rochon found the ad violated Section 718 of the Financial Services and General Government Appropriations Act, which prohibits federal funds for propaganda.
• Common Cause alleges a pattern of the Trump administration pushing compliance limits, having previously secured an order against DHS ads.

This persistent disregard for judicial directives, particularly concerning the use of public funds for political messaging, is deemed unacceptable by the watchdog group.

A federal watchdog group, Common Cause, is currently assessing additional legal steps following the broadcast of a pro-Donald Trump advertisement by the Ultimate Fighting Championship (UFC) over the past weekend. This airing occurred despite a federal judge's explicit order issued just days prior, which prohibited the dissemination of the specific ad. Viewers tuning into UFC Vegas 123 on Paramount+ reported seeing a video message from President Trump that promised a $5,000 payment to every American, contingent on Republicans retaining control of both the House and Senate in the upcoming midterm elections.

The controversial advertisement was shown more than 24 hours after U.S. District Judge Jennifer Rochon had issued her injunction. Common Cause, which is actively engaged in a lawsuit against the Trump administration concerning its alleged misuse of taxpayer funds for political advertising, views this incident as a significant breach of judicial authority. The group's Senior Policy Director for Anti-Corruption & Accountability, Abigail Bellows, characterized the continued broadcast as "unacceptable," signaling a potential escalation of their legal challenge.

Last week, Judge Jennifer Rochon issued a federal court order specifically blocking three advertisements, including the "‘$5,000 to Americans’ ad," after determining they likely violated statutes against taxpayer-funded propaganda. Her ruling mandated not only the removal of these ads from government websites and social media platforms but also explicitly required the Trump administration and associated PACs to "cancel or cause to be cancelled any slots, placements, reservations or arrangements for the airing or dissemination" of the clips. This injunction was a direct response to Common Cause's argument that the administration was unlawfully utilizing resources from the Executive Office of the President for partisan political messaging.

During a court hearing on Friday, Judge Rochon meticulously examined the ad, which featured President Trump warning of severe economic repercussions under Democratic congressional control while contrasting it with the $5,000 promise if Republicans secured both chambers. Common Cause contended that the ad's creation and distribution, using federal funding and manpower, contravened Section 718 of the Financial Services and General Government Appropriations Act. This critical piece of legislation explicitly forbids the use of federal funds for "publicity or propaganda purposes." Judge Rochon concurred, stating from the bench that she found it "hard pressed" to interpret the government-funded message as anything other than a partisan appeal for Republican support, noting that "Voters are being directly asked to support one political party over another in an upcoming election."

The incident involving the UFC's broadcast highlights a recurring concern for Common Cause regarding the Trump administration's adherence to judicial directives. Abigail Bellows emphasized that the administration has consistently "pushed the limits of compliance with court orders," both generally and specifically within the context of this ongoing litigation. The fact that the ads continued to run into Saturday, despite the judge's clear expectation of immediate compliance, is particularly troubling to the watchdog group.

This persistent disregard for judicial directives, particularly concerning the use of public funds for political messaging, is deemed unacceptable by the watchdog group. This situation follows an earlier legal victory for Common Cause in October, when Judge Rochon ordered the removal of ads funded by the Department of Homeland Security. In that instance, $20 million in border security funding had been redirected for partisan television ads, which the judge found provided "no information about DHS’s official functions." The current challenge arose after Common Cause alleged the government was attempting to circumvent that initial order by leveraging funds from the Executive Office of the President. As the Department of Justice's Southern District of New York office, representing the government, declined to comment, and the UFC, Paramount, and the White House offered no immediate response, Common Cause remains poised to pursue further legal action to ensure federal court order compliance.

This development underscores the strict judicial scrutiny and active enforcement against the use of federal funds for partisan political propaganda, particularly during election cycles. Lawyers advising government entities, political campaigns, or media platforms must ensure rigorous compliance with court orders prohibiting such dissemination, as watchdog groups are prepared to pursue further legal action for perceived violations, potentially leading to contempt proceedings or other enforcement measures.

Source: Original reporting via Courthouse News Service.