http://chronicle.com/temp/email.php?id=zhk5bhpjcozip3rb25zhmad6yyr7wr52Thursday, December 16, 2004
Federal Inquiry Begins Into Whether Colleges Broke Election Laws by Sponsoring Michael Moore Speeches
By JEFFREY SELINGO
Responding to a formal complaint from a vocal critic of Michael Moore, the Federal Election Commission is investigating whether colleges violated a ban on corporate donations to political campaigns by allowing the controversial and partisan filmmaker to appear on their campuses during this fall's presidential-election campaign and by paying him a speaker's fee.
David T. Hardy, an Arizona lawyer who is a co-author of Michael Moore Is a Big Fat Stupid White Man (Regan Books, 2004), filed two complaints with the FEC about Mr. Moore's college tour, specifically naming a dozen institutions, including Pennsylvania State University at University Park, Syracuse University, the University of Cincinnati, and the University of Florida. Officials on those campuses confirmed that they had received a letter from the election commission with a copy of the complaint, and said they are in the process of responding to it.
"The FEC is very justifiable in ensuring that universities and others are not promoting, endorsing, or supporting a particular candidate for an election," said Pamela J. Bernard, vice president and general counsel at the University of Florida. "But there is a difference between supporting a particular viewpoint and exposing members of the university community to that viewpoint. I don't think Michael Moore was an inappropriate speaker."
At issue is Mr. Moore's appearance this fall on college campuses, where he repeatedly denounced President Bush, the subject of his latest film, Fahrenheit 9/11, and advocated for the election of the Democratic nominee, Sen. John Kerry. In his complaint, Mr. Hardy quoted from Mr. Moore's speeches, including one at Wayne State University where he said, "We're visiting all 20 battleground states, and our goal is to remove George W. Bush from the White House."
Given that Mr. Moore received a speaking fee on each campus -- the average was $30,000, according to the complaint -- Mr. Hardy has charged that the universities essentially made a "corporate contribution" to Mr. Kerry, which is banned under federal election law. Even if the colleges, as nonprofit organizations, cannot be considered corporations under election law, Mr. Hardy said, the expenditures should at least be subject to the federal reporting requirements for campaign donors.
"The problem here is with the content, not the person," Mr. Hardy said in an interview. "Colleges can pay to bring in a speaker anytime, no matter how partisan. As I read the law, they can't hire someone to promote the election of a specific candidate in a federal election, and that's what Michael Moore did."