"Hillary: The Movie" Case Moves to Supreme Court

"Hillary: The Movie" was released many months ago, during the presidential primaries that pitted Hillary Clinton against Barack Obama for the Democratic nomination for president. Now, however, the controversial film is coming into the spotlight as a case involving the movie has come before the U.S. Supreme Court. At issue is whether the movie – and specifically, advertising for it during the primaries – constituted a violation of the 2002 McCain-Feingold revisions to campaign finance laws.

Federal courts initially indicated that it did just that, amounting to little more than a 90-minute attack ad that constituted campaign contributions. The earlier court decision would have made it necessary for the Citizens United, which produced the movie, to identify the financial backers for the move preview ads. David Bossie, a former Republican congressional aid, leader of Citizens United and producer of the movie, noted, "The outcome of this case will dictate how we’re able to make films and educate people about them."

Oddly, it was a movie from the left that spurred Bossie to action on the Clinton movie. Michael Moore’s "Fahrenheit 9/11" was a hot topic when released, and in 2004 Citizens United attempted to keep Michael Moore from advertising the film during the 2004 presidential campaigns, citing the same campaign finance regulations. Because Moore didn’t intend to advertise the movie, however, the point was rendered moot. Bossie noted, however, that Moore’s success led him to make the Clinton movie. "Michael Moore forced me to recognize the power of documentary film," Bossie said.