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Analysis of the facts and circumstances identified in Rev. Rul. 2007-41:
The statement identifies Donald Trump candidate for a given public office:
Trump is not specifically identified in the URL text of the statement.
Donald Trump is specifically identified by full name in a prominent position at the top of the URL for “Feminist News Roundup” when accessed.
Trump is specifically identified by name in the pictorial image of the statement.
The statement expresses disapproval for Trumps actions:
The pictorial portion of the statement directly expresses disapproval for Trump, calling Trump’s actions “predatory and hostile”, inexcusable to ignore, and normalizing “sexual violence”
The icons accompanying the URL text portion of the statement are clapping, indicating applause for the disapproval presented in the pictorial portion of the statement.
The “Feminist News Roundup” is neutral, stating only that Anita Hill wrote an Opinion-editorial article for the Boston Globe and linking to it.
The Globe article by Hill identifies Trump’s words as (incorrectly) as “illegal” and “demeaning” behavior. Calling his behavior “brutish” and Trump’s language “predatory and hostile”. Comparing verbal statements by Trump to physical actions by others.
The statement is delivered close in time to the election:
Election Day is November 8, 2016
The statement was published and distributed by Bitch Media and Feminist Frequency on October 12, 2016. 27 days before the election day.
Depending on the state, early and absentee voting is already underway.
The statement does not make reference to voting or an election directly, however the election is referenced in the Globe article:
The textual and pictorial portions of the statement, as well as the “Feminist News Roundup” do not explicitly mention voting or an election.
The Globe article does reference the election, stating “Whether the context is a political campaign or not, in order to prevent illegal behavior, all perpetrators should be held fully accountable for their misconduct.”
The communication has been raised as an issue distinguishing candidates for a given office:
The communication has been raised as an issue of the candidates character and fitness for office.
The communication is not part of an ongoing series of communications by the organization on the same issue that are made independent of the timing of any election:
The statement is not part of an ongoing series of communications by the organizations on the same issue, namely sexual harassment and assault.
The timing of the communication and identification of the candidate are not related to a non-electoral event such as a scheduled vote on specific legislation by an officeholder who also happens to be a candidate for public office.
The identification of Trump is not related to an non-electoral event such as a scheduled vote on specific legislation.