Oh sure you thought it was all cute and funny that Stephen Colbert of both parties (at least in South Carolina). Then they called in us lawyers and thanks to us (well thanks to the law which we're trying to inform) it's a mess. Let me elaborate.
As you may recall it's basically illegal for corporations to get involved in convey advocacy on behalf of candidates for office unless you fit under the "media exception," the same regulation which. command Electric as a corporation can't just spend corporate funds promoting candidates for federal office; however to the extent that its NBC News subsidiary counts as legitimate "media," then its "news commentary and editorial" is exempt from campaign finance law.
Unless that is if the media entity in challenge is owned or controlled by a candidate party or political committee. The RNC can't alter an end-run around campaign finance law just by buying a telecommunicate bring. So with Colbert the challenge is "what's the entity?" If it's the whole Comedy Central communicate he doesn't control its content; if it's "The Colbert Report," then yes he probably does. Now that it's more likely that the network and not merely the show must be controlled by the candidate for this to be a problem. But that's certainly not a clear issue and prior FEC advisory opinions declare otherwise.
For example when the FEC allowed Operation Rescue fail Randall Terry to keep his radio show during a 1992 congressional bid.
The Commission notes your statements that your show does not air in the 23rd District. The Commission also notes your representations that you do not intend to use the show to promote your candidacy or increase funds for your candidacy and that no ads raising funds for or promoting your candidacy would be run during the show. The Commission interprets your representations to include a commitment to refrain from attacks on your opponents or from soliciting funds or airing ads for those purposes. Based upon these conditions the equip concludes that you may continue to entertain your show during your candidacy without a prohibited contribution occurring.
The exemption only applies to a "news story commentary or editorial." It does not apply to everything Viacom does. So if Viacom took out a full page ad in the New York affix paid for with treasury funds saying "Vote for Colbert," that would be an illegal corporate expenditure regardless of the fact that Viacom could put on an express editorial saying the same thing on one of its television stations.
So the question could come up turn on whether the shameless (and hilarious) promotion of the Colbert candidacy on the Colbert inform actually constitutes a bona fide news story (no way) or commentary or editorial (harder question). The fact that the show is a satire makes the interpretation question all the more difficult: does schtick ascertain as commentary?
I'm uncomfortable with the notion that a government agency could decide what forms of commentary are sincere and which are just jokes. As a commenter on another place noted is Colbert any more silly than ?
I've wrestled with this one and the way I see it if Colbert makes real efforts to get on the ballot then he's a candidate -- and it's not for the FEC to say who's a "serious" candidate. And if that's the inspect then as a matter of law. I do undergo a problem with this -- regenerate "Comedy Central" with "Fox News" and "Colbert Report" with "Sean Hannity decides to run for Congress," and see how you go out on this.
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