As noted a few days ago FOX News has told Republican candidates they cannot use debate footage from the network in their political ads. Now Mitt Romney is challenging FOX by using debate footage in his latest ad and his lawyer has sent a five page letter to the corporation arguing use of the footage is “fair and legal”.

The campaign is arguing that use of the footage represents the “very essence” of the first amendment and the freedom of political speech and that FOX, which benefited from the candidates appearance by selling commercial time.

While I agree and argued the other day that debate footage should be free I do have to protest and say Romney and the others could have EASILY worked this out long ago by refusing to appear on the stage unless FOX released the copyright to all footage.