In article <4r15i39f1s1ht53tevh0rpoiq85u6br95p@[EMAIL PROTECTED]
>,
AnAmericanCitizen <NoAmnesty@[EMAIL PROTECTED]
> wrote:
> POLITICO
>
> By: Kenneth P. Vogel
>
> Oct 26, 2007 06:15 AM EST
>
> Joke or not, Comedy Central is taking the legal implications of Stephen
> Colbertâs
> presidential candidacy very seriously.
>
> Joke or not, Comedy Central is taking Stephen Colbertâs presidential
> candidacy ÷ or,
> at least the legal implications of it ÷ very seriously.
>
> The network has consulted a top Wa****ngton election law firm and appears
> keenly aware
> of the strict election law provisions that could be triggered by
Colbertâs
> satirical
> campaign.
>
> Comedy Central this week issued a confident statement rejecting
assertions by
> election law experts that the network, Colbert and his eponymous faux
news
> show, "The
> Colbert Re****t," risk violating the tricky laws governing what types of
money
> can ÷
> and canât ÷ be spent influencing federal elections.
>
>
> ãBased on the law, prior rulings made by the Federal Election Commission
and
> advice
> of expert outside counsel, Comedy Central is very comfortable that the
> network, 'The
> Colbert Re****t' and Stephen Colbert are operating well within federal
campaign
> election laws,ä the statement said.
>
> The expert outside counsel in question is the Wa****ngton law firm Wiley
Rein,
> whose
> lawyers have represented the Republican National Committee and the first
> President
> Bushâs campaign. In 2003, the firm won FEC approval for a reality show
about
> a mock
> presidential campaign called "American Candidate," which aired on
Showtime,
> at the
> time a subsidiary of Comedy Centralâs current parent company, Viacom.
>
> In an advisory opinion requested by Wiley Rein, the FEC ruled that the
show,
> hosted
> by Montel Williams and running only one season, qualified for the media
> exemption to
> campaign finance rules.
>
> Colbertâs situation raises more issues, though, because he hosts his
show and
> has
> actually taken steps to get on both partiesâ presidential primary
ballots in
> his home
> state of South Carolina.
>
> Wiley Rein wouldnât say whether itâs requested an advisory opinion for
Comedy
> Central
> or Colbert.
>
> But itâs evident Colbert has been coached on potential danger spots,
because
> he has
> deftly weaved his efforts to avoid them into his wildly popular shtick
as a
> self-aggrandizing right-wing talk show host named Stephen Colbert.
>
> For example, on one of his four 30-minute shows last week, Colbert told
> viewers that
> his lawyers advised him to use a new campaign website rather than one
linked
> to the
> network to post a downloadable petition seeking signatures to get on the
South
> Carolina Democratic ballot.
>
> A Comedy Central spokesperson, who declined to be named, would not
answer
> questions
> about whether the network plans to promote Colbertâs candidacy, how much
the
> network
> spends to produce the show or whether it paid staff and lawyers working
to get
> Colbert on South Carolinaâs ballots.
>
> The answers to those questions could determine whether the FEC takes
Colbertâs
> quixotic quest seriously.
>
> Thatâs because, under federal election law, Colbert would be considered
a
> candidate
> if he or his sup****ters raised or spent $5,000 in sup****t of his
ãcampaign.ä
> If that
> happens, whether his campaign was intended as a joke or not, heâd have
15
> days to
> form a campaign committee and file a statement of candidacy with the
FEC. He
> had yet
> to do that Thursday.
>
> Setting traditional fundraising aside, things could get dicey if the FEC
> determined
> that Comedy Central spent any money promoting Colbertâs ãcampaign,ä
which
> could
> possibly include the showâs production and airtime costs, salary paid to
> staffers and
> Wiley Reinâs legal fees.
>
> Those could be so-called "in-kind" donations from Comedy Central or
Viacom.
> Itâs
> illegal for cor****ations to contribute money, labor or anything of value
to
> federal
> candidates.
>
> Colbert could have an out if he argued he doesnât control the cor****ate
funds
> spent
> on his show, argued Allison Hayward, an assistant law professor at
George
> Mason Law
> School who worked at the FEC.
>
> ã'Colbert' is scripted. Itâs an act,ä she wrote on her blog. ãIs that
control
> of a
> 'broadcast facility'? I doubt it.ä
>
> Asked if Colbert controlled his showâs content, the Comedy Central
> spokesperson
> pointed to the showsâ credits, which list him as one of three executive
> producers and
> one of a dozen writers. The spokesperson also declined to answer when
asked
> if the
> campaign was a joke, which presumably would be Colbertâs best defense.
>
> Short of that, Colbert and his employer may be able to avoid the FECâs
wrath
> simply
> by not blatantly tweaking the agencyâs rules, according to Bob Bauer, a
top
> Democratic election lawyer at Perkins Coie.
>
> ãHis best bet is to avoid flagrancy,ä Bauer wrote on his blog. ãIt
appears
> that
> Colbert will flirt with violating the law,ä he wrote, ãbut since he has
hired
> Wiley
> Rein, he seems also prepared to keep to the legal side of the line ÷
mostly. If he
> just walks the line from time to time ÷ as visible as the line can be ÷
regulators
> will have little appetite for challenging Colbert.ä
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You just don't realize how difficult it is to parody something that is
already a parody.
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