Stop That Speech
A.D. 2004 marks the first time politically active American citizens had to wonder whether they could say the name of a congressman or a presidential candidate without fear of criminal prosecution. With Michael Moore’s “Farenheit 9/11″ hitting theaters, this issue has hit the fans.
Will movies soon be regulated so that no candidate for federal office is named in any film or in commercials for the film? If you think this is far-fetched, you don’t appreciate the new world of government-regulated speech. A group called Citizens United has filed a complaint with the Federal Election Commission, saying that ads for Moore’s movie are “electioneering communications” that violate the McCain-Feingold law.
The group’s press release says, “Moore has publicly indicated his goal is to impact this election season.” Moreover, the movie distributors are indeed longtime Democratic donors. In his own defense, Moore says, “I have not endorsed Kerry. I am an independent, I am not a member of the Democratic Party.” Absurd! Are those who have endorsed a candidate or joined a political party no longer free to make movies, write books, speak their minds? Many supporters of the McCain-Feingold campaign finance law see the attempt to regulate movies as beyond the pale. But they themselves should pale.
The McCain-Feingold law, if it is to be applied equally, will necessarily stretch the long arm of Congress into every mode of communication imaginable. That’s the way the law was written. Let’s hope this first post-First Amendment election will also be our last .
This is Common Sense. I’m Paul Jacob.
