Look at what counts as “an unreported independent expenditure or a prohibited corporate expenditure."

In a decision announced Tuesday, the FEC sent an “admonishment letter” to Kirk Shelmerdine Racing. Kirk Shelmerdine, a former pit boss for the late Dale Earnhardt, has been an unsuccessful, underfunded and undersponsored driver. He has never finished higher than 26th.

So back in 2004, in a move perhaps designed to draw some attention to his car, he placed a “Bush-Cheney ’04” decal on his rear quarter panel, which was otherwise unencumbered by advertising. Democratic activist Sydnor Thompson complained to the FEC, and the agency found that Shelmerdine “may have made an unreported independent expenditure or a prohibited corporate expenditure.”

This literally amounts to a ruling that a bumper sticker can count as a regulated contribution, if it is placed on a commercial vehicle. So rather than being permitted to engage in the sort of political speech clearly envisioned by the Founding Fathers when they adopted the First Amendment, we have a pathetic gang of government bureaucrats determining that such political speech violates laws designed to suppress and regulate political speech.

Former FEC commissioner Bradley Smith makes an observation about the placement of the sticker by Shelmerdine – in light of the fact that no one was willing to pay to place a logo or other sponsorship decal on that part of the car, “evidence is strong that the market value of Shelmerdine’s rear quarter panel was approximately $0, give or take $249.”

UPDATE -- 1/3/2007: Ryan Sager makes this pointed observation about how far this absurd ruling could go in allowing the regulation of political speech -- and the danger of just such absurdity.

With this case, the FEC has opened a new and disturbing door. If the agency claims oversight over any endorsement that it sees as valuable, what's next? Celebrities routinely get paid for endorsements. Is a rock star wearing a "Kerry for President" or "Impeach Bush" shirt now fair game?

It seems that, so long as trouble-makers are ready to write up the complaints, the FEC is happy to take any nutball theory for a few spins around the track - no matter how ludicrous the repercussions for free speech in our democracy.

Indeed -- this case proves that "campaign finance reform" has become less about ending corruption than it is about regulating speech and the ability of Americans to freely participate in the American political process.

Posted by: Greg at 12:10 AM | Comments (3) | Add Comment
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