Obama's Fallon Appearance Violated Campaign Law

Obama hits yet another new low with his appearance on the Jimmy Fallon Show. Tough to believe that the office of POTUS used to be one of the most respected offices in the World.

Oops! Did I violate the law?

Last night, President Obama appeared on Jimmy Fallon’s unwatchable show to “slow-jam the news.” By this, Fallon meant that Obama would read a campaign speech about student loans, Fallon would utter a few lines to back him up every so often, and his lead band singer would warble in support of Obama’s propaganda.

Only one problem, aside from the fact that this was possibly the worst “comedy” segment in the history of mankind: it violated campaign finance law.

Did I say Oops yet?

The equal time rule states that if a licensee permits a person “who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station.”

There are exceptions to the rule: appearances on (1) a bona fide newscast, (2) a bona fide news interview, (3) a bona fide news documentary, or (4) on-the-spot coverage of bona fide news events.

Obama just received a free campaign ad

Only the second provision could be construed as saving NBC from giving Mitt Romney equal time. But this was not a bona fide news interview. In fact, it wasn’t an interview at all – no questions were asked, no answers were given. It was literally Obama reading a campaign speech over a guitar, a horn, a keyboard, and some drums.

Not only was this appearance in violation of equal time law, it was clearly an in-kind contribution by NBC to the Obama campaign. As the Federal Elections Commission states, “A donation of services is … considered an in-kind contribution.” Under applicable law, contribution of broadcast time is considered such a service. This was a campaign commercial for Obama, and the Obama campaign was not charged for it

Gimme a Break!!

What's fair is fair Mr. Fairness Obama

There is no doubt that Obama was given millions of dollars of free advertising time, and the Romney campaign should invoke all available law to make that clear.

www.breitbart.com...

Watch it if you dare. The only person laughing is Jimmy.. Of course this show was taped on a college campus in front of a highly captive audience of brainwashed college kids.

Way to class things up Obama. It can only get worse from here. Perhaps another visit to the blushing babes on The View...
www.breitbart.com...

when is someone going to arrest or impeach this loser?

This is a BIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIGGGGGGGGGGGG stretch. The president makes appearances on tv all the time. Are they all illegal?

Appearing on a talk show is not campaigning, as much as you'd like it to be, and as much as they try to use it as such.

Okay, I don't post to argue. Literally... I'm honestly asking how I may be misunderstanding this, because I must be somehow.

How is Obama any worse on this than Clinton was with his stab at musical instruments on the late shows during his campaigns or the MTV stunts? Anything along those lines is pretty low class for a President, in my view...but did they BOTH violate the laws? Have the laws changed since then to make Obama a violation and Clinton wasn't?

Again... Not posting to sandbag your point at all. I'm really just a little confused on where this stands out as more than business as usual?

I am sure the GOP nominee (whoever that may be) has an open invitation to appear as well.

Side note: Jimmy Fallon is by far the best late night host, IMO. Too bad he's on so late.

Ummm...the equal time act applies to the tv channel...not the candidate.

All it means is that NBC has to offer Romney time...or they are in trouble...not Obama.


The claim that this was a campaign contribution is just laughable...and since this was a "news cast" of what Obama said earlier....there is no issue at all.


The articles coming out of Breitbart.com are getting worse and worse since he has passed away....they should really just shut it down and move on.

Sorry, but if anything it's Fallon/NBC breaking the law here, not Obama.

All they have to do is invite the other candidate on, when there is a candidate.

reply to post by Wrabbit2000


I understand what you're saying and the first image that popped into my head was Clinton Blowing on his own horn on the Arsenio Hall Show.

I think what they are driving at here involves this

In fact, it wasn’t an interview at all – no questions were asked, no answers were given. It was literally Obama reading a campaign speech over a guitar, a horn, a keyboard, and some drums.

Based on the 3 criteria for an exception to the equal time rule. Perhaps Obama should have left the speech back in AF One.

It's complicated. But It's time for the gloves to come off when you consider the constant slobbering by the MSM outlets regarding Obama.
transition.fcc.gov...

Originally posted by OutKast Searcher
Ummm...the equal time act applies to the tv channel...not the candidate.

All it means is that NBC has to offer Romney time...or they are in trouble...not Obama.


The claim that this was a campaign contribution is just laughable...and since this was a "news cast" of what Obama said earlier....there is no issue at all.


The articles coming out of Breitbart.com are getting worse and worse since he has passed away....they should really just shut it down and move on.

No one said Obama violated the law. I asked the rhetorical question. The question remains... Was his appearance a violation of Campaign Law.

To beat Obama you have to play like Obama. Throw it all at him and see what sticks...

You call that a "newscast"? That's laughable!! I guess since Fallon anchored SNL news that makes him a newscaster

From the article as you suggested

NBC should be punished to the fullest extent of the law.

Did you read it?

You do realize you are looking at old FCC laws and NBC would be the one getting fined, not Obama right?

Do some research before screaming fire.

reply to post by jibeho

You make a good point there about how this appears to have been far more specific and political than Clinton playing the Sax for an audience. Very true on that. He was playing to the crowd and hamming it up where here, it was the serious business of a campaign speech in a rather unconventional setting.

Hmm... Nice catch after clarifying. This is something interesting by the how it's different.

reply to post by mudbeed


READ!!

reply to post by jibeho


You keep on with your desperation....I'm going to go ahead and say nothing will come of it.

Do you have full knowledge that Fallon and NBC haven't asked Romney on the show??? He doesn't have to appear on the show...they just have to ask.

So...show me that proof.

reply to post by jibeho


Link to article.

EQUAL TIME RULE

U.S. Broadcasting Regulatory Rule

It is the closest thing in broadcast content regulation to the "golden rule." The equal time, or more accurately, the equal opportunity provision of the Communications Act requires radio and television stations and cable systems which originate their own programming to treat legally qualified political candidates equally when it comes to selling or giving away air time. Simply put, a station which sells or gives one minute to Candidate A must sell or give the same amount of time with the same audience potential to all other candidates for the particular office. However, a candidate who can not afford time does not receive free time unless his or her opponent is also given free time. Thus, even with the equal time law, a well funded campaign has a significant advantage in terms of broadcast exposure for the candidate.

It simply does not matter. Even if it did, it would not be followed up on as by the time any litigation took place, the election would be long over.

We all know that NBC is in Obama's hip pocket and has been all along. GE selling them off to stop the criticism made no difference at all.

The text-

(a) Equal opportunities requirement; censorship prohibition; allowance of station use; news appearances exception; public interest; public issues discussion opportunities
If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station: Provided, That such licensee shall have no power of censorship over the material broadcast under the provisions of this section. No obligation is imposed under this subsection upon any licensee to allow the use of its station by any such candidate. Appearance by a legally qualified candidate on any—
(1) bona fide newscast,
(2) bona fide news interview,
(3) bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary), or
(4) on-the-spot coverage of bona fide news events (including but not limited to political conventions and activities incidental thereto),
shall not be deemed to be use of a broadcasting station within the meaning of this subsection. Nothing in the foregoing sentence shall be construed as relieving broadcasters, in connection with the presentation of newscasts, news interviews, news documentaries, and on-the-spot coverage of news events, from the obligation imposed upon them under this chapter to operate in the public interest and to afford reasonable opportunity for the discussion of conflicting views on issues of public importance.
(b) Charges
(1) In general
The charges made for the use of any broadcasting station by any person who is a legally qualified candidate for any public office in connection with his campaign for nomination for election, or election, to such office shall not exceed—
(A) subject to paragraph (2), during the forty-five days preceding the date of a primary or primary runoff election and during the sixty days preceding the date of a general or special election in which such person is a candidate, the lowest unit charge of the station for the same class and amount of time for the same period; and
(B) at any other time, the charges made for comparable use of such station by other users thereof.
(2) Content of broadcasts
(A) In general
In the case of a candidate for Federal office, such candidate shall not be entitled to receive the rate under paragraph (1)(A) for the use of any broadcasting station unless the candidate provides written certification to the broadcast station that the candidate (and any authorized committee of the candidate) shall not make any direct reference to another candidate for the same office, in any broadcast using the rights and conditions of access under this chapter, unless such reference meets the requirements of subparagraph (C) or (D).
(B) Limitation on charges
If a candidate for Federal office (or any authorized committee of such candidate) makes a reference described in subparagraph (A) in any broadcast that does not meet the requirements of subparagraph (C) or (D), such candidate shall not be entitled to receive the rate under paragraph (1)(A) for such broadcast or any other broadcast during any portion of the 45-day and 60-day periods described in paragraph (1)(A), that occur on or after the date of such broadcast, for election to such office.
(C) Television broadcasts
A candidate meets the requirements of this subparagraph if, in the case of a television broadcast, at the end of such broadcast there appears simultaneously, for a period no less than 4 seconds—
(i) a clearly identifiable photographic or similar image of the candidate; and
(ii) a clearly readable printed statement, identifying the candidate and stating that the candidate has approved the broadcast and that the candidate’s authorized committee paid for the broadcast.
(D) Radio broadcasts
A candidate meets the requirements of this subparagraph if, in the case of a radio broadcast, the broadcast includes a personal audio statement by the candidate that identifies the candidate, the office the candidate is seeking, and indicates that the candidate has approved the broadcast.
(E) Certification
Certifications under this section shall be provided and certified as accurate by the candidate (or any authorized committee of the candidate) at the time of purchase.
(F) Definitions
For purposes of this paragraph, the terms “authorized committee” and “Federal office” have the meanings given such terms by section 431 of title 2.
(c) Definitions
For purposes of this section—
(1) the term “broadcasting station” includes a community antenna television system; and
(2) the terms “licensee” and “station licensee” when used with respect to a community antenna television system mean the operator of such system.

Cough Cough

Ge owns nbc with big ties to the white house and immelt.

Should a sitting POTUS appear on a network they "own" ? NO.

violating campaign law? hell if i know

Things a POTUS shouldn't be doing because there are more important things to be doing like doing his job, saving peoples homes,creating jobs and all that jazz.

Oh well Obama can do no wrong liberals would rather have a celebrity than A PRESIDENT OF THE UNITED STATES.

(d) Rules and regulations
The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.
(e) Political record
(1) In general
A licensee shall maintain, and make available for public inspection, a complete record of a request to purchase broadcast time that—
(A) is made by or on behalf of a legally qualified candidate for public office; or
(B) communicates a message relating to any political matter of national importance, including—
(i) a legally qualified candidate;
(ii) any election to Federal office; or
(iii) a national legislative issue of public importance.
(2) Contents of record
A record maintained under paragraph (1) shall contain information regarding—
(A) whether the request to purchase broadcast time is accepted or rejected by the licensee;
(B) the rate charged for the broadcast time;
(C) the date and time on which the communication is aired;
(D) the class of time that is purchased;
(E) the name of the candidate to which the communication refers and the office to which the candidate is seeking election, the election to which the communication refers, or the issue to which the communication refers (as applicable);
(F) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and
(G) in the case of any other request, the name of the person purchasing the time, the name, address, and phone number of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person.
(3) Time to maintain file
The information required under this subsection shall be placed in a political file as soon as possible and shall be retained by the licensee for a period of not less than 2 years.

Technically speaking Obama is still the sitting president

He doesn't become incumbent/candidate Obama until the DNC nomination.

Originally posted by timetothink
when is someone going to arrest or impeach this loser?

lets see, a mixed racial boy whos father abandoned him in his youth, mother dies grandparents raise him, had to get student loans to go college, did so well he was accepted into harvard, graduated harvard, elected to the illinois legislature, elected u.s. senator, elected president of the united states.....yeah loser.....right...
by the way...what in your intellectual handbook would be considered a winner?....someone that listens to FOX NEWS and blogs on ATS?

This reminds of the stupid stuff people use to hurl at Bush.

Originally posted by jibeho


No one said Obama violated the law. I asked the rhetorical question.

Your title is not a question. It's a statement. It is "Obama's Fallon Appearance Violated Campaign Law"

To beat Obama you have to play like Obama. Throw it all at him and see what sticks...

Which is how you justify to making # up? Just throw any random accusation at him? That's not a very good tactic, because it diminishes the legitimate accusations thrown at him, and while I wouldn't suggest you are clever enough to do so intentionally to water-down the legitimate criticisms against Obama, I would suggest such an approach is likely employed by the Obama campaign.

What next? Complain about his diet, or the way he ties his shoes?