I have a question about the legality of the MoveOn.org ads

[Catch22Dem]

I'm sorry, but I'm no legal eagle. Who is right and who is wrong here, and how much "grey area" is there? I don't want to talk about the content of the ads, which I FULLY support, but I'm very curious about the legality of such ads. Can anyone shed some light for me (and others who might be confused?) I'm certain I'm going to be challeneged on this one at work, so I want to be informed.

Here's the article that got me wondering: http://www.cnn.com/2004/ALLPOLITICS/03/07/moveon.ads/index.html

ON EDIT: I'm sorry, I'm referring to the legality in terms of campaign finance laws. I may have been misleading earlier.

[wyldwolf]

1. Let the RNC take them to court...

Then, CNN, MSNBC, FOX, ABC, NBC, CBS, CPAN, and everyone else will play the ads free in their news coverage of the court case.

I'm no legal expert either. Sorry I can't add more to your question.

[daveskilt]

5. If they do take them to court - think of the headlines

RNC seeks to censor ads against them.
Whitehouse moves to block free speech
Bush supports free speech...just not against him
ads criticizing bush threatened by RNC
and on and on

not just the free advertizing but also it can be spun that he is censoring and halting free speech. News networks may have a right bias but they hate being told what they can and cant show.

[patricia92243]

2. I was also wondering if they did not use the word "Bush"-would they be ok

[Homer12]

3. I know this that MoveOn.org

In the new finance laws, it would be considered a special intrest group, so therfore has to advertise that they (MoveOn) had paid for the Ad.

It would be illegial if the ad did not disclose the funder.

The Republicans are just trying to scare and censor MoveOn ads, they are trying to destroy compitition. The RNC is nothign mopre than teh politico arm of the Bushco's Dictatorial tendecies.

[Catch22Dem]

4. Right

"The Republicans are just trying to scare and censor MoveOn ads, they are trying to destroy compitition. The RNC is nothign mopre than teh politico arm of the Bushco's Dictatorial tendecies."

I don't challenge that statement at all. You're 100% correct. I'm just curious if moveon.org is really operating on the fringes of the rules with these ads, or if they're perfectly within the law. I have 2 co-workers who are going to jump all over me tomorrow, guaranteed! I wanna make sure I can take em on!

[blondeatlast]

9. They do disclose that they funded the ads, and when you

contribute, they make sure that donors are aware of their 527 status.

[TreasonousBastard]

6. The RNC might have a point.

The law might be a bit fuzzy in some places, and there is the question of how fungible the funds MoveOn has may be.

As with all new laws that gore somebody's ox, it will be pretty much up to the FEC and the courts to figure it out.

Meanwhile, they can continue to air the ads until ordered to stop.

If ordered to stop, they'll still get a lot of publicity, and then just change the ads to comply. It would be nice to think that the money they can't use for attack ads could be used for legal defenses, wasting a lot of RNC money in the process, too.

It's all part of the game. And it will get messier in the next few months.

on edit---

As far as debating this with cow-orkers... why argue the point? It may or may not be illegal under the current law, but no one really knows until a judge says so.

More to the point-- is what the ads are saying true or not?

[rock]

7. Political ads may not be censored

It's the law for those of you who think the law should be obeyed (i.e democrats).

[blondeatlast]

8. How many donations "in excess of $5,000" do you suppose

MoveOn received? How stupid does the RNC think we are? I suspect an awful lot of $4,999 contributions were made, but if MoveOn got any $5,000 contributions, I'd be very much surprised--or suspect some sneakiness on the part of the RNC's considerably well-heeled supporters.

As I recall, during the fundraising campaign, they were pretty careful about how they worded their pleas, although I don't recall a specific mention of this issue. Still, they make it pretty clear on their site that they are a 527 org.

From the article
But MoveOn.org says it has raised $10 million for advertising from 160,000 donors, in amounts averaging $50-$60. It is running two ads in 67 TV markets in what its Web site describes as 17 "battleground" states.

I did the math--160,000 donors times $50 each (I didn't donate that much) equals 8,000,000.

Sounds a bit desperate (on the RNC's part) to me!

Edit: clarification of just who is desperate

[nuxvomica]

10. Here's the statement of Moveon's counsel

http://biz.yahoo.com/prnews/040303/dcw057_1.html

MoveOn.org's lawyer, Joseph Sandler of the Washington, D.C. firm of Sandler, Reiff and Young also refuted Gillespie's ill-founded claims about violations of campaign finance laws.

"Since there have been no contacts of any kind between the Kerry Campaign and our organization regarding any advertising undertaken by the MoveOn.org Voter Fund, it is absolutely clear under the FEC's regulations that the Voter Fund advertisements do not meet the definition of a 'coordinated communication' and are therefore entirely lawful....

[For PaisAn]

11. Press release from MoveOn.org Voter Fund

http://www.moveonvoterfund.org/press/02-20-04-boyd-fec.html

FOR IMMEDIATE RELEASE Friday, Feb. 20, 2004
Contact: Trevor FitzGibbon or Jessica Smith,
Fenton Communications 202/822-5200

Statement by MoveOn.org Voter Fund President On the Impact of This Week’s FEC Rulings On Activities by Section 527 Political Committees:



Wes Boyd, president of the MoveOn.org Voter Fund, a political organization operating under Section 527 of the Internal Revenue Code, issued this statement:

We were gratified to read Wednesday’s Federal Election Commission ruling. The ruling makes clear that the MoveOn.org Voter Fund is operating within the intended meaning of the McCain-Feingold campaign finance law, and that we can continue our activities and ads that focus on the policies and performance of George W. Bush.

It also is clear that we can raise funds in both small and large amounts from those who support our efforts. The Republican Party effort to use the FEC to silence us and others in our criticism of the Bush Administration has failed. It was a cynical maneuver, because while the centerpiece of Bush-Cheney campaign fundraising has been large bundles of checks for thousands of dollars from special interest organizations and company executives, our thrust has been to empower and involve ordinary Americans in the national political discussion.

And so while the Republicans continue to rake in millions at the President’s fundraisers, we are proud to announce that we reached our recent goal of raising $10 million for our ad series by generating more than 160,000 contributions averaging between $50-60 over a three-month period. This sort of authentic, grassroots fundraising is consistent with the intent of McCain-Feingold, which was to weaken the connection between special interest giving and the quid pro quo appointments and other rewards for which the Bush Administration is famous.

///

______________________________________________________________________
The MoveOn family of organizations consists of three entities. MoveOn.org, a 501(c)(4) organization, primarily focuses on education and advocacy on important national issues. MoveOn.org PAC, a federal PAC, primarily helps members elect candidates who reflect our values. And MoveOn.org Voter Fund, a 527 organization, primarily runs ads exposing President Bush's failed policies in key "battleground" states.