Posted on 06/09/2005 1:35:23 PM PDT by kristinn
June 3, 2005
Mr. Brad C. Deutsch
Assistant General Counsel
Federal Election Commission
999 E Street, N.W.
Washington, DC 20463
Re: Draft Notice of Proposed Rulemaking on Internet Communications
Dear Mr. Deutsch:
Please accept these comments on the proposed rules for FEC regulations of Internet Communications (11 CFR Parts 100, 110 and 114) pursuant to Notice 2005-10.
Please note that we are requesting to give public testimony at the hearing scheduled June 28-29, 2005.
FreeRepublic.com is an internet based electronic bulletin board owned by Free Republic, LLC, in Fresno, California. James C. Robinson of Fresno is the principal owner of Free Republic, LLC
FreeRepublic.com was founded in 1996 as a forum to discuss and expose the crimes of the Clinton administration and to further conservatism.
FreeRepublic.com’s mission statement is: “Free Republic is the premier online gathering place for independent, grass-roots conservatism on the web. We're working to roll back decades of governmental largesse, to root out political fraud and corruption, and to champion causes which further conservatism in America. And we always have fun doing it. Hoo-yah!”
Since it’s founding, FreeRepublic.com has been a pioneer in online political expression in America. It is one of the most popular and influential sites on the Web. Its Alexa.com rating is the 1366th most popular Website. In contrast, the liberal blog DailyKos.com is ranked 5386th and the liberal forum DemocraticUndeground.com is ranked 4,108th.
The content on FreeRepublic.com consists of postings by registered account holders (over 200,000) and Mr. Robinson. The postings can be news articles, commentaries, personal observations, and calls to First Amendment activities such as demonstrations and e-mails or phone calls. Members post from all over the United States and the world.
There are also repostings of campaign literature, links to 501c3 and 501c4 organizations, 527s and an occasional campaign Website. Those links are provided without cost and at the discretion of Mr. Robinson.
Links to such organizations are done so free of charge. FreeRepublic.com has no paid advertising. Its budget consists solely of donations by members and lurkers. There are no membership fees or dues. The postings (except private messages between members) at FreeRepublic.com are open to all to read without membership. Anyone with access to a computer and a modem can read FreeRepublic.com.
FreeRepublic.com is not a blog. It was founded several years before Blogs came into existence.
FreeRepublic.com has been called a modern day Liberty Tree, where concerned citizens use modern technology to exercise their First Amendment rights. FreeRepublic.com has been credited with helping to cause the impeachment of President Clinton. The phrase “broken glass Republican” was coined by a Freeper on FreeRepublic.com during the 2000 election. FreeRepublic.com was also instrumental in exposing the fake Bush National Guard documents that were used by CBS News in a story last fall that tried to influence the 2004 presidential election.
FreeRepublic.com members also report news. For example, the explosion of the Columbia space shuttle was first reported on FreeRepublic.com.
The Internet has proven to be an invaluable tool for average Americans to get their voices heard by those in power. FreeRepublic.com is read by leaders in all branches of the federal government and political parties. It is used as show prep for talk radio and as a research tool for reporters and authors.
Given that the First Amendment guarantees freedom of speech and petitioning of the government, citizen Websites like FreeRepublic.com should be exempt from FEC regulation. If the FEC grants exemptions for public communications to Blogs, electronic bulletin boards like FreeRepublic.com should be given the same exemptions.
Members who post comments and articles, etc. on FreeRepublic.com are anonymous unless the poster identifies themselves. This anonymity is a central point to freedom of expression on the Internet. Just as whistleblowers like Deep Throat hide in anonymity to protect themselves from retribution from those in power in the government, so do posters at FreeRepublic.com.
Any effort by the government to force the disclosure of posters’ identities to meet some draconian federal regulation would have a chilling effect on free speech, especially if that speech involved advocating for or against political candidates.
FreeRepublic.com has an internal private message system similar to e-mail that can be used to communicate privately between members. Such a system should not be regulated by the FEC, as it is a free service.
The free dissemination and reposting of campaign material on the Internet should be exempt, including links to campaign and party Websites should be exempt from regulation.
Mr. Robinson, and the posters at FreeRepublic.com are very concerned that after this first step by the government to rein in free speech on the Internet, more attempts will follow. We strongly urge the commission to respect the First Amendment rights of Americans.
Very truly yours,
Kristinn Taylor
Spokesman, FreeRepublic.com
Free Republic is one of 22 groups and individuals that requested to testify at the FEC's public hearings June 28-29, 2005.
This is posted as submitted. My apologies for any typos and mangled sentences.
FYI ping
Thanks for the post. Good letter!
Good job!
It is a foolish thing for a mouse (govt)to mess with (anger)a pit bull (free populace).
ping
Danke Schoen!
What is the next step? Does the request for attendence have to be approved?
Would this, if it were to happen, include foreign FReepers?
What part of "Congress shall make no law" doesn't Congress understand?
See: THE SACREDBULL BASIC ENGLISH AND MATH TEST FOR AMERICAN POLITICIANS
Well done.
That smudge between "make" and "law". Was that an ink drop on the original? They are also trying to figure out why the Founding Fathers skipped from Amendment VIII to Amendment XI.
Great job kristinn, thanks!
Is this a good time for me to change me screen name to something sweet and nice??
Good question.
Something along the lines of MD4Bush might do :-)
Thanks, Jean!
There are no absolutes. The FEC could rule that slander laws apply to internet bulletin boards and believe me, there is plenty of slander going on, some at FR and more than that at DU.
They could also rule that poorly worded comments be banned if they could be construed to constitute a threat to someone or some thing.
They could also rule that NO copyrighted material of any kind be posted.
They could also rule that no material from FR be reprinted or reposted elsewhere.
We haven't received an invite yet. However, we'll probably get the chance. The comment period just closed last Friday night.
-Eric
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