Free Markets, Free People
SCOTUS to review speech case
The Supreme Court will take up a case dealing with free speech:
Months after its debut, “Hillary: The Movie” faces nine of the nation’s toughest critics: the Supreme Court.
The justices’ review of the slashing documentary financed by longtime critics of Secretary of State Hillary Clinton could bring more than just a thumbs up or thumbs down. It may settle the question of whether the government can regulate a politically charged film as a campaign ad.
At issue in the case being argued before justices Tuesday is the 90-minute anti-Clinton movie and television ads [David] Bossie wanted to air during the 2008 primaries advertising the film.
Bossie’s group, the conservative Citizens United, released the movie as Clinton, then a New York senator, was competing with Obama for the Democratic presidential nomination.
The movie is unquestionably anti-Clinton, featuring commentary from conservative pundits, some of whom specifically say Clinton was not fit to be commander in chief.
The movie was shown in eight theaters. Bossie’s group wanted run ads on television in key election states during peak primary season and show the movie on cable television’s video-on-demand.
Federal courts said the ads would violate the McCain-Feingold law, the popular name for 2002 revisions to the nation’s campaign finance laws. Judges called “Hillary: The Movie” a 90-minute attack ad, rulings that would require Citizens United to identify the financial backers for the ads if they were to appear on television.
The court also said that if Bossie’s group showed the movie on cable television, financial backers would have to be named and the group would have to pay the cost of airing the movie.
Whether you agree with the message of the documentary, but voters will be able to discern for themselves if something is true or not. The government doesn’t need to stifle speech, let alone political speech.
The case is Citizens United v. Federal Election Commission. Oral arguments begin on Tuesday, March 24th.