The law and Michael Moore

I haven't said much on the Michael Moore issue, nor do I intend too, at least until I see the movie. I will report, however, that the FEC may rule that ads for the film after July 30th violate federal law.

In a draft advisory opinion placed on the FEC’s agenda for today’s meeting, the agency’s general counsel states that political documentary filmmakers may not air television or radio ads referring to federal candidates within 30 days of a primary election or 60 days of a general election.

The opinion is generated under the new McCain-Feingold campaign-finance law, which prohibits corporate-funded ads that identify a federal candidate before a primary or general election.

The proscription is broadly defined. Section 100.29 of the federal election regulations defines restricted corporate-funded ads as those that identify a candidate by his “name, nickname, photograph or drawing” or make it “otherwise apparent through an unambiguous reference.”

Later in the article is a quick blurb about David Bossie's (the president of Citizens United) plan to sue Moore, alleging that “Fahrenheit 9/11” violates federal election law because “Moore has publicly indicated his goal is to impact this election season.” I headed over to the Citizens United website and found no mention, probably because the lawsuit has yet to be filed. I'd be interested to know how if violate federal election law, though. Any help?

*UPDATE* Just headed over to the Citizens United website, and there is now mention of the law suit, only its not a law suit, and it makes no new claims.

Citizens United, today filed a formal complaint to the Federal Election Commission and other federal government agencies against Michael Moore’s “Fahrenheit 9/11.”

The complaint alleges that Michael Moore and the companies and individuals involved in the marketing and distribution of the film are about to violate the Federal Election Campaign Act. Paid broadcast advertisements for the film, which include visual images and sound clips of President Bush and other candidates for federal office, are subject to the restrictions and regulatory requirements of federal campaign law.

So as far as I can tell, if Moore and co. advertise the movie without sound clips of Bush and other candidates for federal office, then he can continue to advertise the film, right? Way to add to the publicity, David Bossie!