US court hears arguments over anti-Hillary movie

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(Agencies)
Updated: 2009-03-25 17:09

WASHINGTON -- Was "Hillary: The Movie" an anti-Hillary Clinton documentary or a 90-minute attack ad?

The Supreme Court will try to figure it out Tuesday as it hears arguments over whether a political movie and its accompanying advertisements should be regulated the same way as political ads during election seasons.

The court will also issue opinions.

David Bossie, leader of Citizens United and producer of 'Hillary: The Movie', is seen in his office in Washington on March 20, 2009. [Agencies]

Citizens United, a conservative group, wanted to pay for "Hillary" - a documentary filled with negative criticism of the former New York senator - to be shown on home video-on-demand while she was competing against President Barack Obama for the Democratic presidential nomination. The group also wanted to run ads featuring clips from the movie on television.

But federal judges said the movie was equivalent to a political ad, and if it was shown on television, it would fall under the McCain-Feingold law, the popular name for 2002 revisions to the nation's campaign finance laws.

Campaign regulations require the backers of political ads to be identified and prohibit corporations and unions from paying for ads that run close to elections and single out candidates.

Citizen United appealed, saying that, despite being critical of the now-secretary of state, nothing in the movie actually urged people to vote against Clinton. Citizens United also argues that its ads simply promoted the movie and should be treated as commercial speech, as opposed to advocacy against the former senator.

The ads include clips from the movie, including one in which Dick Morris - a former Bill Clinton adviser who is now a critic of the Clintons - saying she is "the closest thing we have in America to a European socialist."

The Justice Department said a movie does not have to use the word "vote" to be considered a political ad.

The movie was advertised on the Internet, sold on DVD and shown in a few theaters. Campaign regulations do not apply to DVDs, theaters or the Internet.