A three-judge panel ruled that the movie itself ["Hillary: The Movie"] is akin to a campaign ad and cannot be broadcast on television. It tells "the electorate that Sen. Clinton is unfit for office . . . and that viewers should vote against her," they said. However, they said that brief ads for the film could be broadcast because "they proposed a commercial transaction -- buy the DVD of The Movie."If it were otherwise, you could make a movie solely for the purpose of creating a loophole to the act. My first take on this — convince me I'm wrong! — is that is that if you don't have a First Amendment right to run an ad against the candidate when it's not embedded an ad for a movie, it shouldn't be possible to manufacture a special right by making a movie and advertising it with essentially the same anti-candidate statements. Of course, since anybody can throw together a movie these days, if you hate the act, you should love the loophole — which anyone with a digital camera and a computer can get into. Right?
February 18, 2008
The far reaching effect of the McCain-Feingold Act.