NRO takes on MM

[bearfartinthewoods]

First with this

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July 07, 2004, 8:48 a.m.
Free Michael Moore!
Campaign-finance “reform” boomerangs and hits the Democrats’ favorite moviemaker.

By John Samples

To see how Moore might become a felon, we need to understand the case of David T. Hardy, the president of the Bill of Rights Educational Foundation, a nonprofit corporation in Arizona. Hardy is producing a documentary film entitled The Rights of the People, which concerns issues related to the Bill of Rights. The film apparently refers to several members of Congress up for reelection in 2004 and to President Bush. Hardy had hoped the Bill of Rights Educational Foundation would help pay for the marketing and distribution of the "The Rights of the People," including advertising on TV and radio.

Hardy is a well-informed citizen. He knew enough to ask the Federal Election Commission whether his plans to market his film would fall under the strictures of campaign-finance law. As it turned out, his marketing plans were a potential felony. The FEC ruled that the ads were an "electioneering communication" because they mentioned candidates for national office. Federal law prohibits the Bill of Rights Education Foundation from paying for the ads. So, unless Hardy wants to pay for the marketing of the movie himself and thereafter to comply with the rules governing "electioneering communication" (disclosure and so on), the roll out of The Rights of the People will have to wait until after Election Day.

Moore's situation is similar to Hardy's. No one doubts Fahrenheit 9/11 refers to President George W. Bush, who is running for reelection. Presumably, the advertising for the movie will include references to President Bush. After all, that's who the movie is about, and Moore's attacks on President Bush and his family are the major appeal of the film for its target audience.

Broadcast, cable, or satellite ads are banned if they're funded by a corporation or union, refer to a clearly identified federal candidate, and appear within 30 days of a primary or 60 days of a general election. That means Moore's distributor, Lions Gate Films (a corporation) can't run ads between July 30 and August 30 (the date of the Republican convention, which is treated as a primary in which Bush is a candidate), or between September 2 and the November 2 general election.

http://www.nationalreview.com/comment/samples200407070848.asp

and it seems they will publish this

Fifty-nine Deceits in Fahrenheit 9/11

By Dave Kopel

http://www.davekopel.com/Terror/Fiftysix-Deceits-in-Fahrenheit-911.htm

which is waaay too long and rambling for me to get through this early in the morning.

BTW....I have seen references to the ban mentioned in various other media.