Fahrenheit 9/11 is not a campaign ad

Academy Award-winning filmmaker Michael Moore recently won the highest honor at the 57th… Academy Award-winning filmmaker Michael Moore recently won the highest honor at the 57th Cannes Film Festival. His movie then went on to generate $21.8 million in its first three days, becoming the first documentary ever to debut as Hollywood’s top weekend film. But “Fahrenheit 9/11” and its director may not be able to advertise his work on television or radio after July 30.

Conservative groups, including Citizens United, filed a complaint with the Federal Election Commission calling for an examination of the film’s ads for potential violations of the McCain-Feingold campaign-finance law, which prohibits corporate-funded ads that identify a federal candidate 30 days before a primary or 60 days before general election.

Under media exemption, members of the press may discuss political candidates freely before an election. Does a documentary qualify for a media exemption? Well, yeah.

Moore is an artist, not a politician. While people may disagree with his art, it is art, and therefore should not be subject to government censorship. Almost all art has some politics attached to it. But this movie is not a campaign ad — it’s a movie. It does not endorse any candidate. All Moore said he wanted to do was impact the election in November. And any statement made is a statement that Moore is allowed to make.

The FEC can’t restrict any ads that do not mention Bush’s name. But since “Fahrenheit 9/11” is about Bush, it would be rather difficult for audiences to know what the film is about without mentioning him in the ads.

Does the FEC really want to set a precedent by restricting artists from promoting their work? That would sure make the government appear petty, partisan and rather stupid.

In the end, The Federal Election Commission might take months to issue a ruling on the complaint, making it unlikely the commission would act in time to affect the film’s ad campaign. So, what is the point? All the controversy has only helped to raise awareness about the already controversial documentary. And Moore has already thanked his opponents for that.