On Wednesday, we highlighted a new Spanish-language ad campaign from the group Illinois Immigrant Action attempting to highlight Republican U.S. Senate candidate Mark Kirk's insensitive and misguided rhetoric on immigration reform.  The campaign includes radio, internet, and print spots.  Here's an excerpt from script for the radio ad (translated into English):

I wonder what goes on inside the mind of a Congresman when he states that the solution for immigration is to send condoms to Mexico! Yes, he said that! I know it is hard to believe but Congressman Mark Kirk has suggested on the floor of the US Congress that the solution to illegal immigration is sending birth control to Mexico! Imagine that!  I think it is ridiculous!

Citing Mark Brown's Sun-Times column on the matter, Kirk and his D.C. lawyers are now threatening local radio stations with legal action if they run the spot, which they claim "contains false and misleading statements."  Here's the argument from the Patton Boggs law firm in a September 2 letter:

As reported by today's Sun-Times, this advertisement falsely claims that Congressman Kirk advocated "condoms" as a solution to illegal immigration. ... This is patently false. ... There is no record of Kirk ever mentioning "condoms" or "birth control" in connection with immigration or Mexico. ... [I]f your station airs this advertisement after gaining knowledge that it contains false and misleading statements, you are subjecting your station to potential liability.

This is getting a bit ridiculous.

First of all, it's technically true that Kirk never uttered the word "condoms" during the 2007 floor statement in question.  But the whole point of the underlying amendment was to allow the U.S. to provide aid to international organizations that distribute "contraceptives."  And Kirk explained his support for the measure by stating that it would slow the "rate of growth of Mexico's population" and "reduce long-term illegal immigration pressure on America's borders."

Here again is the meat of the amendment:

That, in order to prevent unintended pregnancies, abortions, and the transmission of sexually transmitted infections, including HIV/AIDS, no contract or grant which includes funding for the provision of contraceptives in developing countries, shall be denied to any nongovernmental organization solely on the basis of the policy contained in the President's March 28, 2001, Memorandum to the Administrator of the United States Agency for International Development with respect to providing contraceptives in developing countries, or any comparable administration policy regarding the provision of contraceptives. 

Would Patton Boggs still be threatening legal action if the Illinois Immigrant Action campaign had used the term "contraceptives" instead of "condoms"?  If not, then this whole episode is pretty silly.   

There's also this from the Patton Boggs letter:

We also note that Cong. Kirk is a fluent Spanish speaker who went to school in Mexico.  As a Congressman, he worked to improve the lives of Latino constituents by sponsoring a family reunification program (Project Abuelita) and securing a grant to teach English to young Latina mothers to boost their ability to help their kids with schoolwork.

And here's the response from Illinois Immigrant Action:

The Congressman’s lawyers claim that the Congressman is fluent in Spanish. Therefore, Illinois Immigrant Action challenges Congressman Kirk to debate IIA Board Member Joshua Hoyt, in Spanish on Univision Radio, on how to best end illegal immigration and fix our broken immigration system. Let us enjoy free and fair democratic debate, and hopefully leave behind his offensive rhetoric and work together in favor of workable solutions that uphold our nation’s values and move us forward together.

Well played.