Posted on 07/18/2004 5:20:55 PM PDT by jmstein7
As I understand it, broadcasts advocating the election or defeat of a candidate for federal office cannot be aired X days before a general election. If that is the case then isn't it the case that:
1. Michael Moore is prohibited from running commercials for the DVD/Video release of F911 within that period of time before the general election; and
2. Cable companies are prohibited from broadcasting F911 (either programmed broadcasting or "on demand" pay-per-view) within that period before the general election?
Has there been anything written on this? Is there any litigation or FEC complaints pending?
BUMP!
who would enforce this, and how? you know the media is going to be able to find some judge who will rule that this movie is not covered by these rules.
Not quite... they have already ruled, i believe, that the ads for the movie were within the rule -- that is why you haven't seen them in a while.
What's your take on this?
Weren't some of Schwarzenegger's movies rescheduled until after the elections in California?
These election "reforms" are so moronic and patently contrary to the spirit of the first amendment and the American Republic, it would be surprising if anyone here found solace in seeing the law applied to that big fat idiot. Actually the more the balanced voters see of that guy, the less they'd be inclined to vote as he recommends. And if that isn't the conclusion, the Republic will already always have been lost anyway. Freedom and tolerance to the end though.
As far as I'm concerned, these "rules" are null and void since the violate the 1st amendment.
BEFORE THE FEDERAL ELECTION COMMISSION
IN THE MATTER OF:
Michael Moore, :
Lions Gate Entertainment Corp., :
Cablevision Systems Corporation, :
Rainbow Media Holdings LLC, :
The Independent Film Channel LLC, :
Fellowship Adventure Group, : MUR NO. ______________
Harvey Weinstein, :
Bob Weinstein, :
Showtime Network, Inc., and :
Viacom International Inc., :
:
RESPONDENTS. :
____________________________________:
COMPLAINT
Pursuant to 11 CFR § 111.4, the undersigned hereby files this Complaint with the Federal Election Commission (“Commission”), alleging as follows:
SUMMARY OF ALLEGATIONS
On information and belief, the undersigned alleges that planned advertising for the film FAHRENHEIT 9/11 violates the Federal Election Campaign Act (“FECA”). More specifically, the Complaint alleges that broadcast advertisements for the film, which include visual images and sound clips of President George W. Bush and other candidates for Federal elective office, qualify as “electioneering communications” under FECA if they are broadcast within 30 days prior to the Republican National Convention or 60 days prior to the general election. The undersigned contends that Respondents are about to violate the Act because the Ads will be funded by corporate and foreign money; expenditures for the ads will not be reported to the Federal Election Commission; and the ads will not include the required disclosure statements.
The named Respondents in the Complaint include: Michael Moore, Lions Gate Entertainment Corp., Cablevision Systems Corporation, Rainbow Media Holdings LLC, The Independent Film Channel LLC, Fellowship Adventure Group, Harvey Weinstein, Bob Weinstein, Showtime Network, Inc. and Viacom International Inc
RELEVANT STATUTES & REGULATIONS
FECA defines an “electioneering communication” to include “any broadcast, cable or satellite communication which-
(I) refers to a clearly identified candidate for Federal office;
(II) is made within-
(aa) 60 days before a general, special, or runoff election for the office sought by the candidate; or
(bb) 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate, for the office sought by the candidate; and
(III) in the case of a communication which refers to a candidate for an office other than President or Vice President, is targeted to the relevant electorate.
SNIP.....
Complaint Against Michael Moore..........
I didn't know that.
the movie made another 7 million this week I think, but I still believe that its mostly people who are like minded to the thesis of the film are the ones going.
the big fear would be if one of the TV networks picked it up and aired it on free TV before the election.
I agree.
Then can't be enforced, as they are not real.
I suggest they are voluntary, no matter who "passed" it and who "ruled" it.
As an alleged conservative, does it not bother you at all that such a violation of freedom of speech is going on over the signature of your "conservative" president?
The big TV networks are far less powerful than they were in the 1980s and even in 1994.
Conservatives won big time in both of those years, even though the big three did everything possible to elect democrats.
What is this? The freaking Soviet Union?
Any American has the Right to run any ad they want anytime and on any station that will accept it.
As much as I disagree with Moore's leftist politics, if they can silence him, they can silence you or me.
bttt
Here's a thought... we could make Moore a useful idiot.
Get the FEC to enforce the law against Moore so MOORE is the one who has to go to court and get the law declared unconstitutional, thereby saving money for the Conservative groups that would normally be forced to pay to litigate such issues. Thereby:
1. Moore's film/ads don't get aired
2. Moore pays the litigation fees
3. The court invalidates the law
4. Everybody is happy!
Everyone wins!
The FEC will rule on this in 2005.
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