If the NYT can document that it's pricing in a completely content-neutral fashion, they should be fine.

If they're giving better rates based on content or 'negotiation', they should be prepared to defend themselves against charges that the discount does not constitute an 'in-kind' political contribution of the sort that the FEC regulates.

...against charges that the discounts do constitute in-kind contributions to a political action committee, I mean.

/and I'm not even drunk yet. *sigh*

princehal: NYT is a business. They can set whatever rates they want. Remember, Free Markets?

FAIL, considering that giving a discount for services rendered to a candidate or a political action committee -- and MoveOn PAC is the latter -- constitutes an in-kind contribution subject to regulation and contribution limits, outside certain exceptions.

Ex.
http://www.fec.gov/pages/brochures/citizens.shtml#contribution

So no, they don't get to charge less than the 'normal' rate without it falling under the regulations -- and limits, and disclosure rules -- any more than FOX would be permitted to arbitrarily decide that Mitt Romney gets to run 30-sec spots for free, or a private investigative firm would be allowed to offer months of free opposition research on behalf of Sen. Obama. They charge the 'normal' rate without regard to it being from a PAC, or they report the difference as an in-kind contribution.

And the problem with reporting it as an in-kind contribution is that the contribution limit, for a corporation (versus the individual members thereof) is... zero (*). In other words, the NYT had better be charging any and all PACs and candidates the true 'market rate' in a content-neutral fashion. It might reasonably be based on circulation, space, location in the newspaper, et al... but it had better not be different because it came from MoveOn PAC versus Rudy Giuliani's campaign for a reason they can't document as non-partisan.

(*) There are certain exceptions, such as providing food/drink, or accounting services for ensuring compliance with campaign-finance law. Advertising is not one of those exceptions.

/Not particularly fond of campaign-finance law, but also not fond of misrepresentations thereof.

GWLush:
Not snarking. I am either reading over it or don't understand it but where in your link covers newspaper ads?

Under 'Donated Items and Services'

If you sell an item or service to a committee and ask the committee to pay less than the usual and normal charge, you have also made an in-kind contribution to the committee in the amount of the discount.

Advertising is most definitely a service. MoveON PAC, is a political action committee. Hence, the need for it to be the 'usual and normal' charge.

GWLush:
I see but they weren't actually donating to a committee of the DNC. They were buying Ad Space in a newspaper. I am still not getting it.

Committee includes political action committees involved in Federal elections, not just the candidates' or parties' committees. MoveON is a PAC. The fact that MoveON is not affiliated with one specific campaign does not change this.