In 2004, Michael Moore had to ask a state agency for permission to release his film Fahrenheit 911, a film critical of the George W. Bush. Released in June of ’04, the documentary was caught in the middle of presidential election year politics — and the independent expenditure prohibition periods that were eventually overturned in 2010 by the Citizens United v. F.E.C decision.

A formal complaint alleged Fahrenheit 9/11 constituted an independent expenditure by Mr. Moore’s corporation Dog Eat Dog Films because the film expressly advocated the defeat of a candidate. The F.E.C. disagreed and determined, “the film, associated trailers and website represented bona fide commercial activity, not ‘contributions’ or ‘expenditures’ as defined by the Federal Election Campaign Act”. Mr. Moore’s film was essentially ruled as entertainment by the F.E.C. — even though it was a partisan attack in the middle of an election year.

In 2008, the group Citizens United wanted to release a film critical of Hillary Clinton and the F.E.C. said they could not because of the independent expenditure prohibition periods made into law in 2002. The rest is history.