March 6, 2009
Political documentaries breaking the law?
What's the problem with this pre-election documentary, and why is the high court bothering to watch it? And no, it isn't just "popcorn and a movie Friday" at the Supreme Court.
Funny story actually, since her husband is the one who pushed the envelope with how he could raise campaign funds and what he could buy with them. "The Lincoln Bedroom hit the headlines during President Bill Clinton's first term, when he was accused of rewarding generous campaign donors with a night's stay there."
Basically, the McCain- Feingold law was enacted to put limitations on how campaign funds could be raised, and what they could be used for. For example, it is not ok to use "Levin funds to pay for any part of a federal election activity if the activity refers to a clearly identified
federal candidate." Levin funds are contributions made to spend only on "get out the vote" activities in federal elections. So these funds can be used on ad's that say "Rock the Vote" but they cannot be used on ad's that say "Ba-rack the Vote."
So this takes us back to Hillary: The Movie. The McCain- Feingold Act also bans corporate-funded broadcasts of "electioneering communications" 30 days before a primary and 60 days before the general election. But the film was not broadcast on cable or satellite, it was played in movie theaters. So the question is: is it constitutional to ban these documentaries in theaters the same way it is banned on television, or is that plain old censorship?
I say the latter. If someone is willing to pay the increasingly ridiculous price to watch a movie like this, they probably already have preconceived notions about Hillary, which the movie will likely reinforce. But, if they went to the movie expecting triumphant praise of the woman, they will see it as radical right-winged nonsense deserving of a laugh...then maybe try to get their money back. Bottom line: The law is good as is. If this documentary was played on television in the outlawed time-frame it would be a problem, but it wasn't so it's not. It's like political porn -- in a pant suit.
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Washington D.C.
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