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Fahrenheit 9/11

I just returned from seeing Michael Moore's "Fahrenheit 9/11." There is only one screen in the Birmingham area showing the movie, and that theater was only about half full. I was disappointed that more were not there. The ones who DID see it seemed to be pleased -- there was applause and a few cheers at the end of the film. The last time I remember clapping in a movie was the last "Lord of the Rings."

Since this is an election law blog, let me get to the big question. No, Michael Moore's movie is not fair and balanced. It is a pretty clear exorhatation for us to defeat Bush. But I think the ads will be protected under the "media exemption" and will therefore not be "electioneering communications" if they continue to run during the 30-day pre-convention period. Unlike the group asking for the proposed Advisory Opinion (not adopted by the FEC), Moore has a track record as a film maker and author. He is "media." (For more on the FEC action, see Rick Hasen and Bob Bauer.)

By the way, its a great movie. If you are going to vote against Bush, go see it; it will make you even more determined. If you are undecided, go see it; it will make you question the veracity and wisdom of this Administration. If you are a Bush voter, go see it; you are going to have to answer questions from the undecideds who see it.

PS -- When Moore in interviewing the former FBI agent early in the film, look on the bookcase to the right of the FBI guy. Isn't that "Nimmer on Copyrights" on the shelf?