FEC Won't Have Decision Soon on 'Fahrenheit' Ads
NewsMax.com Wires
Thursday, June 24, 2004
WASHINGTON A conservative group asked federal election
officials on Thursday to investigate whether television ads for
director Michael Moore's anti-Bush documentary "Fahrenheit 9/11"
violate campaign finance law regulating when commercials may
feature a presidential candidate.
The Federal Election Commission might take months to issue a
ruling on the complaint, making it unlikely the commission would
act in time to affect the film's ad campaign. The two-hour
documentary, which depicts President Bush as lazy and oblivious to
warnings in summer 2001 that al-Qaida was poised to strike, opens
nationwide on Friday.
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The group Citizens United contended that commercials for
"Fahrenheit 9/11" fall under federal campaign finance law.
Regulations prohibit the use of corporate money to air ads
identifying a presidential candidate in the 30 days before his
party's nominating convention and the 60 days before the Nov. 2
election.
Bush will be nominated by the GOP during its New York convention
Aug. 30-Sept. 2. Citizens United argued that "Fahrenheit 9/11"
ads that identify Bush and are paid for with corporate money should
be banned after July 31.
Moore called the complaint "a blatant attempt on the part of a
right-wing, Republican-sponsored group to stop people from seeing
my movie." He said he would fight the complaint, and members of
the Congressional Black Caucus appearing with him at a news
conference near the Capitol promised to help.
"It's a violation of my First Amendment rights that I cannot
advertise my movie. It's a movie," Moore said. "I have not
publicly endorsed John Kerry. I am an independent; I am not a
member of the Democratic Party."
An exemption to the law frees a wide array of media
organizations from the ban on the use of corporate money for ads
identifying federal candidates close to elections. Moore, an
Oscar-winning documentary filmmaker, and the film might be covered
by the media exemption.
Citizens United contends that "Fahrenheit 9/11" is propaganda
and doesn't qualify for the media exemption. It is among
conservative groups that have tried to mobilize the public against
the film, arguing that Moore's portrayal of the Bush administration
is inaccurate.
The group's complaint names Moore; companies involved in the
film's marketing and distribution, including Lions Gate
Entertainment Corp., Cablevision Systems Corp., Viacom
International; and brothers Harvey and Bob Weinstein, executives at
the film company Miramax who formed a separate company to find a
way to distribute Moore's film.
The complaint also contends that because Lions Gate is
foreign-owned, the ads are subject to a ban on the use of foreign
money for ads identifying presidential candidates close to
elections.
"Fahrenheit 9/11" won the top honor at last month's Cannes
Film Festival. Moore and his distributors lost their appeal Tuesday
to lower its rating from R to PG-13.
The FEC issued a decision Thursday on ads involving another
film, but commissioners said it doesn't address Moore or ads
promoting "Fahrenheit 9/11." In that ruling, the FEC told an
Arizona man he couldn't use corporate money to run ads promoting
his documentary film and identifying Bush and congressional
candidates close to the election.
David Hardy, president of the Bill of Rights Educational
Foundation in Tucson, Ariz., had asked the commission for its
advice on whether he could use foundation money for the ads. Hardy
didn't ask the commission whether his ads would qualify for the
media exemption.
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Editor's note:
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