The National Hot Rod Association ignited controversy across social media on Tuesday when it issued an amendment to its advertising and display policies in the 2020 competition rulebook, citing the promotion of political candidates on entries in its professional categories.

Coined by many as the “Bo Butner Rule” — a reference to the veteran racers’ promotion of Donald Trump’s presidential campaign on the flanks of his Pro Modified entry at the recent Dodge NHRA Indy Nationals — the NHRA cracked down on the displaying of political ads, regulating the size and location of decals and limiting them only to legitimate sponsor partnerships.

Photo courtesy Pat Musi Racing Engines/Roger Richards

The amendment to Section 11:1, Advertising And Other Material Displays in the General Regulations states:

The NHRA logo or name may not be used in conjunction with political candidates.

If a race team legitimately is sponsored by a political candidate then the candidates name an d the year of the election may appear on the race vehicle (but the vehicle will not be prominently featured/emphasized on television or in other content, per broadcast standards and practices). Decal size will be limited to 144 square inches on a race vehicle and 48 square inches on a motorcycle. Location will be limited to the rear quarter panel of a race car, outside for the driver’s compartment of a dragster and wheelie bar side shields on a motorcycle.

Observant viewers of the Indy Nationals were keen to the NHRA on FOX and NHRA.tv production team’s creative avoidance of the side’s of Butner’s Pro Modified Camaro, owned by Rickie Smith, where large Trump campaign logos had been affixed for the weekend. The decals were never broadcast throughout qualifying and eliminations, and it’s been reported that Butner’s team was approached about the decals during qualifying. This, of course, would not be the first time Butner has sidestepped the NHRA’s requests, having gone so far as purchasing a trademark in the past in order to circumvent NHRA rules regarding verbiage on crew/fan apparel. It’s worth noting Butner nearly won the Indy Nationals, advancing all the way to the final round before falling to teammate Jonathan Gray. 

The decision not to air Butner’s car in its entirety drew the ire of racers and fans, angered over what they saw as the NHRA’s censorship of free speech.

However, a little-known legal stipulation exists in the world of broadcasting that leads many networks and cable channels to avoid airing political campaign material for financial and operational reasons. Often referred to as the “Equal-Time Rule,” this clause, originating in the Radio Act of 1927, specifies that U.S. radio and television broadcast stations, if promoting a political candidate on air, must provide an equivalent opportunity (air-time) to any opposing political candidate of the same office who requests it. And this must be provided to that candidate at the rate of its “most favored advertiser,” in an equally valuable slot in its programming, ie. if the original ad appears in prime-time, the opposing candidate must be afforded the same.

While the rule references paid air-time (both political candidates for a given office must be allowed to purchase promotional space at the same rate), the FCC-regulated rule also applies to free air-time, such as interviews and even political ads on a racecar, if a candidate chose to pursue the issue. And as such, motorsports organizations are likely to err on the side of caution, so as to avoid any unwanted requests by a candidate to the FCC.

The NHRA’s amendment notice specifically addressed and was sent to competitors in Pro Modified, Nitro Harley, and Factory Stock Showdown, but apply to competitors in all categories — the rulebook stating that “NHRA reserves the right to regulate any advertising or other material that is present on site at any NHRA event including without limitation any material appearing on any participant vehicle or transporter participating in NHRA events including on support vehicle, in any pit area, in any area of the dragstrip from the staging lanes to the end of the dragstrip, and any item or material on site that may constitute a product placement.”