Joe Smith of Smith & Sons Plumbing has been told by the government to remove his “Hillary for President” bumper sticker from the company pickup truck because he failed to report it as an independent expenditure. Smith could face jail or heavy fines if he refuses.
Not familiar with that incident? Don’t worry, it’s fictitious. Sen. Hillary Clinton hasn’t even officially announced her campaign for president, right? But the Joe Smith incident is based on something that really did happen, something that ought to make your blood boil. If you care about your freedom, that is.
Substitute “Kirk Shelmerdine” for “Joe Smith” and “race car” for “pickup truck,” and you’ve got the real thing. Shelmerdine has been “admonished” by the Federal Election Commission for applying a “Bush-Cheney 04” decal to his race car at four NASCAR events. Another word for it would be “threatened.”
You’ve probably never heard of Shelmerdine because he is an independent owner-driver with no major sponsors and is, by his own description, a “field filler.” He shows up occasionally hoping to get lucky and qualify, always at the back of the field. Jeff Gordon he’s not.
But here’s the point: There are millions of Joe Smiths who use their vehicles as tools to make a living as plumbers, carpenters, pizza deliverers, brick layers, construction supervisors, auto parts deliverers and countless other tasks. Shelmerdine’s vehicle tool for putting bread on his family’s table is his race car.
But somebody with nothing better to do than be a busybody complained to the FEC when they saw that decal on Shelmerdine’s race car. The complainer was one of perhaps a handful of people who actually saw the decal. But all it took was one complainer whining to the bureaucrats in Washington and the NASCAR driver had to get a lawyer and respond to the FEC’s complaint, which then accused him of making an unlawful “independent expenditure” on behalf of the Bush-Cheney campaign.
Shelmerdine responded to the complaint by noting that he only put the decal on his race car because he’d heard Bush would be at a NASCAR event. The decal might gain him some attention and perhaps lead to some real sponsorship money. He also said he’s never contributed to any political candidate:
“I am not a registered voter. I have never been actively involved in politics. I have not publicly endorsed or aided any politician. I have never contributed any money or considerations of any kind to any politician, Political Action Committee, etc.”
In its complaint, however, the FEC noted that Shelmerdine had been quoted by a Florida newspaper as saying “I’m very much against liberal ways when it comes to politics. This was the way to make our little statement.” Shelmerdine told the FEC he never made those statements.
Regardless, Shelmerdine won’t be making any more “little statements” because the Lords of Political Speech at the FEC mercifully allowed him to escape with nothing more than a letter of admonishment.
King George III would no doubt approve of such magnanimity.
I am beginning to get Jefferson’s point about the need for a revolution every 20 years or so.
Mark Tapscott is editorial page editor of The Washington Examiner.
