Hacker Cinema
Celsius 41.11
2004 · Film · documentary · 72 min
Directed by Kevin Knoblock
This film attempts to correct the record when it comes to the left's attacks on President Bush, 9/11 and the war in Iraq and Kerry's 20-year tenure in the Senate.
4 neutralfrom 4 commenters
Where to watch
No streaming data for this title.
4 comments on Hacker News
I assume the poster is referencing Citizens United v. FEC, specifically about the government's use of the 2002 Bipartisan Campaign Reform Act to restrict showing of political documentaries (apparently, called "Hillary: The Movie" and "Celsius 41.11").
While (as far as I know) the law was never actually used to ban books (only documentaries), the case became infamous because the government argued that it had the right to ban books if it wanted to. See, e.g., the NYTimes article below: "The [government's] lawyer, Malcolm L. Stewart, said Congress has the power to ban political books, signs and Internet videos, if they are paid for by corporations and distributed not long before an election.".
https://www.nytimes.com/2009/03/25/washington/25scotus.html https://en.wikipedia.org/wiki/Citizens_United_v._FEC https://www.law.cornell.edu/supct/cert/08-205
I thought that Citizens United was about who counts as a film maker and who doesn't. Quoting the background of the Wikipedia page for Citizens United.
"Citizens United had previously used the 2002 Bipartisan Campaign Reform Act, commonly known as the McCain–Feingold Act or BCRA, which prohibited "electioneering communications" by incorporated entities.[7] During the 2004 presidential campaign, the organization filed a complaint with the Federal Election Commission (FEC) charging that advertisements for Michael Moore's film Fahrenheit 9/11, a docudrama critical of the Bush administration's response to the terrorist attacks on September 11, 2001, constituted political advertising and thus could not be aired within the 30 days before a primary election or 60 days before a general election. The FEC dismissed the complaint after finding no evidence that advertisements featuring a candidate within the proscribed time limits had actually been made.[8] In response, Citizens United produced the documentary Celsius 41.11, which is highly critical of both Fahrenheit 9/11 and 2004 Democratic presidential nominee John Kerry. The FEC, however, held that showing Celsius 41.11 and advertisements for it would violate the Federal Election Campaign Act, because Citizens United was not a bona fide commercial film maker." It's a ruling that is against gate keeping. Like letting people who aren't with CNN or Fox News but who have massive online audiences into the white house briefing room.
Agreed, I've found that much of the criticism of Citizens United isn't very well-informed. In a way it's an embarrassment that the Supreme Court had to affirm that a First Amendment right extends to corporations, because it's right there in the plain text: "abridging the freedom of speech, or of the press". "The press" has always, universally, been understood to mean publishing, which is a business, and hence a corporate practice.
It was naked partisan suppression of speech to rule that Fahrenheit 9-11 is protected speech but it's 'electioneering' when Citizen's United funds a documentary. Not that I'm a fan of Citizen's United, quite the contrary, they started the whole brouhaha by suing to prevent Moore's advertisements from showing before elections. But the grounds the FEC used to dismiss that suit were equally applicable to Celsius 41.11, it was a clear-cut case of administrative overreach.
You can't have freedom of the press if the government is allowed to decide which corporations are and are not "the press", that's a loophole you could barnstorm a Saturn V through.
Here from the Wikipedia backgrounder:
>In response, Citizens United produced the documentary Celsius 41.11, which is highly critical of both Fahrenheit 9/11 and 2004 Democratic presidential nominee John Kerry. The FEC, however, held that showing the movie and advertisements for it would violate the Federal Election Campaign Act, because Citizens United was not a bona fide commercial film maker.