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Ads for anti-Clinton film must comply with campaign-finance law

By The Associated Press
01.16.08

WASHINGTON — A conservative group must abide by campaign-finance laws if it wants to run ads promoting its anti-Hillary Rodham Clinton movie, a federal court ruled yesterday.

Citizens United had hoped to run the television advertisements in key election states during peak primary season. The court ruling means the group must either keep its ads off the air or attach a disclaimer and disclose its donors.

Lawyers for the group had argued its 90-minute “Hillary: The Movie” was no different from documentaries seen on television news shows “60 Minutes” and “Nova.” That prompted skepticism and, at one point, outright laughter from the judges during a hearing last week.

Campaign regulations prohibit corporations and unions from paying for ads that run close to elections and identify candidates. Citizens United argued that the advertisements promoted the movie and should be treated as commercial speech as opposed to advocacy against the Democratic New York senator.

A three-judge panel disagreed. The film does not address legislative issues and was produced solely “to inform the electorate that Senator Clinton is unfit for office, that the United States would be a dangerous place in a President Hillary Clinton world, and that viewers should vote against her,” the court wrote in a unanimous ruling in Citizens United v. FEC.

A similar issue surfaced in 2004, when Citizens United sought to keep filmmaker Michael Moore from advertising “Fahrenheit 9/11” in the run-up to the presidential election. The Federal Election Commission dismissed the complaint after Moore said he had no plans to run the ads during election season.

Citizens United plans to run its ads in key primary states during election season. The ads include clips from the movie, including one in which Dick Morris — a former adviser to President Clinton who is now a critic of the Clintons — saying the New York senator is “the closest thing we have in America to a European socialist.”

By law, challenges to the campaign-finance regulations are considered by a three-judge panel of district and appellate judges in Washington. During last week’s hearing, Citizens United drew the most criticism from the panel’s two Republican nominees — U.S. District Judge Royce C. Lamberth and Judge A. Raymond Randolph, an appellate judge. U.S. District Judge Richard W. Roberts was a nominee of President Clinton.

The movie is being sold on DVD and is scheduled for nine screenings in theaters. Campaign regulations do not apply to DVDs, theaters or the Internet, where the group has posted its ads.

James Bopp, an attorney for Citizens United, says he expects an appeal, which would automatically go to the Supreme Court. Clinton is in a tight race with Barack Obama for her party’s nomination. Citizens United says an Obama movie is in the works.


Update
High court denies request from makers of anti-Clinton movie
Justices let stand lower court ruling that found Citizens United must attach disclaimer and disclose its donors in order to run ads promoting 'Hillary: The Movie.' 03.24.08

Previous
Judges appear wary of ads for anti-Clinton film
Federal panel seems skeptical of Citizens United's argument that commercials for 'Hillary: The Movie' are issues ads that shouldn't be regulated by campaign-finance law. 01.11.08

Related

FEC complaint filed against 'Fahrenheit' ads

Citizens United says commercials for Michael Moore film may violate campaign-finance law on ads featuring presidential candidates. 06.25.04

Conservative group seeks press exemption to air ads

Citizens United says FEC should consider it part of news media, allow it to run election-time ads for anti-Kerry book. 08.09.04

Sinclair network won't air full anti-Kerry film
Threatened with shareholder revolt, broadcaster says it instead will incorporate parts of 'Stolen Honor' into news special examining use of documentaries to influence elections. 10.20.04

Divided Court allows 'issue ads' close to elections
Justices' 5-4 vote in favor of Wisconsin Right to Life weakens key provision of 2002 campaign-finance law. 06.25.07

FEC eases rules on pre-election 'issue ads'
Following high court’s lead, regulators vote unanimously to soften advertising rules in decision that could lead to fresh ads as soon as next month in Iowa. 11.21.07

Now playing at the Supreme Court: 'Hillary: The Movie'
Justices to hear arguments March 24 in case that could settle question of whether government can regulate politically charged films as campaign ads. 03.20.09

Court hears dispute over 'Hillary' movie
One justice warns that future of campaign-finance laws could ride on decision as to whether film is journalism or political attack ad. 03.24.09

Court focuses skeptical eye on McCain-Feingold
By Tony Mauro Talk of book-banning during arguments on anti-Clinton movie appears to damage government case. 03.25.09

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