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As Super Tuesday gets going, it's worth reflecting that so far, it's been a remarkably clean election. Sure, there have been some bumps -- a few million robo calls here, a fringe swift boating group there -- but all in all, it's been pretty easy going. Which is sure to make the general election all the more jarring by contrast.

We've already gotten a few glimpses of it. There are sure to be hordes of outside groups, funded by tens of millions of dollars, making their presences known throughout the country, not only in the presidential contest, but also in Congressional races. As for now, the groups are mostly revving their engines.

The Los Angeles Times reports this morning on the legal efforts of a veteran Clinton-hating outfit, Citizens United, to promote their straightforwardly titled documentary, "Hillary: The Movie" without constraints (not to worry, Obama supporters: the group is working on "Obama: The Movie" too just in case). It's a fight that, if successful, could liberate what few restrictions these sorts of groups have to deal with:

"Hillary: The Movie" includes a series of interviews with Clinton critics, including Ann Coulter, Newt Gingrich and Dick Morris. "If you want to hear about the Clinton scandals of the past and present, you have it here!," Citizens United, Bossie's group, says on its website.

The group, a nonprofit corporation, is free to promote its movie and sell DVDs on itswebsite. But one provision of McCain-Feingold makes it illegal to use corporate or union money for "any broadcast, cable or satellite communication" if it "refers to a clearly identified candidate for federal office" within 30 days of a primary election or a convention or within 60 days of a general election....

The McCain-Feingold Act, which went into effect in 2002, was written broadly to bar such election-eve ads. It covered nonprofit corporations as well as moneymaking firms. And it was triggered by the mere mention of the candidate's name.

That posed an obvious problem for [David] Bossie and his group:

"How can you advertise this movie without mentioning the name 'Hillary'?" asked James Bopp Jr., a 1st Amendment lawyer representing Citizens United....

In December, the group said it wanted to run 30-second ads on Fox News and other television outlets calling attention to the movie and went to court seeking an order that would shield it from the law. Bopp argued that what he termed "core political speech" deserved full free-speech protection under the 1st Amendment.

Bopp literally got laughed out of court when he tried to argue to an appeals court that the movie was a news documentary in the mold of 60 Minutes and Nova. But he's appealing the decision to the Supreme Court, where he hopes at least to strike down a provision that would force him to disclose the group's contributors. The court will decide later this month whether they'll hear the case.

Whether Bopp succeeds or not, it's an indication of what's to come. And keep in mind that even the Federal Election Commission, the notoriously feeble watchdog for this sort of stuff, has been shut down for the foreseeable future. So it's bound to be a bumpy ride.


11 Comments

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But if they can't sell this, they're sure getting free advertising at the LA Times and right here!

Why sell anything when you can get free advertising?

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This is only the tip of the iceberg if she gets the nomination... don't know if I could live through 7-8 months of that.

Mr. Purple
www.mrpurple2008.com

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Garbage, Garbage, Garbage. This propoganda hit piece is meaningless. The people who would watch and buy this trash would never vote for a dem anyway. GARBAGE.

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I'll try again. I still can't believe that this site did this right before the most historic day in american politics.

Garbage, garbage, garbage. The people who would watch or believe this crap would never vote for a dem anyway. GARBAGE.

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Yeah, Ann Coulter is the go to gal for fair and balanced perspectives. I'm going to collect all of my Jewish friends and get to a theater near me ASAP.

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Aww...too bad Mike Huckabee doesn't have a shot. I would rather the Mike Huckabee movie hit the multiplex!

http://www.youtube.com/watch?v=QXBNl7RlwfQ

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sigh...

Did we just go back to 1993 when I blinked? These people need to get help for their blinding Clenis envy. Seriously.

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The thing is... I totally believe that they should have the right to advertise and sell their wingnut documentary.

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There will not be an Obama the Movie I can assure you because Obama has some moral compass and a man of integrity. It is offensive to lump Obama into the Clintons mess.

The insinuation you want to make notwithstanding. It is a first amendment issue and they deserve their day in court.

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They'll just make stuff up.

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If they were smart, which they aren't, they'd just leak it onto the internet, and let YouTube take over. Even if they release the names of their contributers, the negative effect would still be powerful.

Obama: The Movie, would be interesting. I'm still trying to figure out how 40 years, before Al Qaeda was formed, they managed to create a Manchurian candidate for president. I mean seriously, for a Party that pronounces "God, Guns and No Taxes," they are becoming increasingly hypocritical by suddenly announcing religion doesn't matter.

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