Point to any other campaign ad from any politician from any party that similarly violated NASA ad regulations. I cannot recall any. NASA has generally been a non-partisan issue (with the exception of earth science).https://twitter.com/OkieBranigan/status/1268919592799404032 …
news footage != NASA footage. I think most people don't want parts of the federal government — the military, the FBI, the EPA, the NIH, NASA — endorsing candidates or parties. NASA's policy clearly wants to stay clear of taking sides or being seen in that manner.
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Fair use applies to everyone including NASA TV. NASA isn't taking sides, their footage is being used in an add by someone else. If the add was posted on NASA's youtube channel, that would be an issue because of the Hatch Act. But that's a different issue.
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I'm not sure of the precise legal recourse that NASA would have, but basically you're saying it doesn't matter what NASA says its policies are, because fair use.
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