WASHINGTON — The Federal Election Commission issued an advisory opinion Thursday giving comedian Stephen Colbert permission to form and promote a “Super PAC” allowing unlimited spending on the 2012 election.
“Freedom isn’t free, but today we put a significant down payment on it,” Colbert said in a public address after the FEC meeting.
The decision extends the protections of a previously established media exception to Comedy Central’s Viacom, Inc VIA +0.59% .
The “Colbert Report” host’s political action committee may raise an unlimited amount of money from corporations, unions and individuals for the support or opposition of political candidates. The exemption means that Colbert can use his show’s resources for the purpose of the committee without having to disclose these expenditures as “in-kind contributions” from Viacom.
A Super PAC is a political action committee that allows unlimited spending without restriction that has been available since last year.
Colbert’s plans are a satirical jab at campaign finance law, a topic of months-long mockery on his show. What most people wanted to know from the comedian was whether this is a joke.
Colbert told reporters after his win, “Participation in democracy is not a joke.”
The commissioners acknowledged the levity of Colbert’s on-air performance, but highlighted the serious implications of their decision to grant Colbert a “media exemption.” Commissioner Ellen Weintraub told Colbert that although the public views much of his work as parody, that was not the way he presented his request to the FEC and thus, their decision will apply to anyone else, “even other folks not so funny.”
The squabble leading up to Thursday’s decision was over the media conglomerate would have to report to the FEC their funding of Colbert’s show. With some hesitancy, commissioners said no — Colbert is free to use Viacom funds and equipment without the express declaration that Viacom is enabling his views.
Several of the commissioners cited the caution they took in deliberating the issue in the aftermath of the highly publicized Citizens United case. There, the Supreme Court upheld a corporation’s right to raise unlimited funds for a political candidate under First Amendment protection.
Colbert’s attorney told commissioners that the comedian did intend to endorse specific candidates and buy airtime for commercials on other stations that may or may not be owned by Viacom. However, as a result of today’s decision, these actions would have to be publicly disclosed.
When asked what he planned to do with the committee, Colbert replied, “I don’t know yet. Give me your money and we’ll find out.”