Bloggers' Freedom of Speech Threatened by FEC/Congress/American "Justice"Gee, thanks, McCain/Feingold
From Seeing the Forest:CNET: "The coming crackdown on blogging"
Declan McCullagh's latest is an interview with Bradley Smith, a Republican FEC commissioner, about the potential effects of being forced to apply McCain-Feingold campaign donation regulations to the Internet.
Here's the first paragraph:"In just a few months, he warns, bloggers and news organizations could risk the wrath of the federal government if they improperly link to a campaign's Web site. Even forwarding a political candidate's press release to a mailing list, depending on the details, could be punished by fines."
Apparently (perhaps because of the Talon News/GOPUSA scandal), the regulatory issue has produced a partisan split--there was a 3-3 vote to not to appeal the Internet related portion of Judge Kollar-Kotelly's latest order. I'm not sure what the Democratic Party appointees' rationale for this vote was (they're not quoted), but, at least on the surface, the postulated outcome is fairly alarming... links to candidate websites being categorized as campaign donations, along with forwarding press releases to email lists (for example).
--Thomas Leavitt
I'm including this excerpt:
Then what's the real impact of the judge's decision?
...It becomes a really complex issue that would strike deep into the heart of the Internet and the bloggers who are writing out there today. (Editor's note: federal law limits the press exemption to a "broadcasting station, newspaper, magazine or other periodical publication." )
How do you see this playing out?
There's sensitivity in the commission on this. But remember the commission's decision to exempt the Internet only passed by a 4-2 vote.
This time, we couldn't muster enough votes to appeal the judge's decision. We appealed parts of her decision, but there were only three votes to appeal the Internet part (and we needed four). There seem to be at least three commissioners who like this.
Then this is a partisan issue?
Yes, it is at this time. But I always point out that partisan splits tend to reflect ideology rather than party. I don't think the Democratic commissioners are sitting around saying that the Internet is working to the advantage of the Republicans.
One of the reasons it's a good time to (fix this) now is you don't know who's benefiting. Both the Democrats and Republicans used the Internet very effectively in the last campaign.
What would you like to see happen?
I'd like someone to say that unpaid activity over the Internet is not an expenditure or contribution, or at least activity done by regular Internet journals, to cover sites like CNET, Slate and Salon. Otherwise, it's very likely that the Internet is going to be regulated, and the FEC and Congress will be inundated with e-mails saying, "How dare you do this!"
MARCH 6 UPDATE: Kos readers have caught wind of the story and are currently discussing it.