The FEC vs. Blogs - (FEC trying to extend McCain-Feingold to the internet, by Michelle Malkin)

MIchelle Malkin ^ | March 3rd, 2005 | Michelle Malkin

[ajolympian2004]

THE FEC VS. BLOGS

By Michelle Malkin   ·   March 03, 2005 02:20 PM

CNET reporter Declan McCullagh has an important piece warning of the "coming crackdown on blogging."

Joshua Claybourn of In the Agora analyzes the campaign finance law absurdities and First Amendment infringements on bloggers here.

Winfield Myers is on the same wavelength. He writes:

The possibilities that [FEC commissioner Bradley] Smith lays out are chilling and, if enacted, could spell the end of blogging as we know it. Indeed, it could turn much of what is published on the Net into a samizdat-style activity.

Sound alarmist? Read on. It all stems, of course, from McCain-Feingold, the absurd and (pace the Supreme Court) unconstitutional curtailment of political speech in violation of the First Amendment. Both Senators, and the Democratic members of the Commission, favor regulating political speech on the Internet, lest bloggers and electronic publications enjoy an advantage over print publications. This is a huge power grab by elements of the federal bureaucracy who are threatened by New Media, and a first step by those forces to shut down political speech they don't like.

This is something bloggers of all political stripes should unite against. Instapundit has more links.

I think McCullagh and FEC commissioner Brad Smith have done a real service sounding the alarm as the panel moves forward on extending McCain-Feingold to the Internet. Here's the last paragraph from the CNET interview, but make sure to read it in its entirety:

Smith: This is an incredible thicket. If someone else doesn't take action, for instance in Congress, we're running a real possibility of serious Internet regulation. It's going to be bizarre.

Update: Lots of buzz about this:

- Steven Bainbridge: "Thank You Senators McCain and Feingold ... you [plural expletive deleted]"
- Pajama Hadin: "The Coming Crackdown on Blogging"
- Rightwing Nuthouse: "BLOGOSPHERE… WE HAVE A PROBLEM"

- Say Anything: "Political Blogging To Be Outlawed?"
- Baronger's Scribblings: "Political Prisoners coming to the United States?"
- Mike Krempasky: "FEC regulating Blogging?"
- Susanna Cornett, "Will blogging be restricted by the government?"
- Hennessy's View: "McCain-Feingold Outlaws Blogging?"
- The Anchoress, "You knew this was coming, and right on time..."

- The invaluable Captain Ed, who has long assailed the back-door First Amendment violations of the McCain-Feingold Act, writes:

Bigger blogs will come under closer scrutiny, which means that any expression of support on CQ with a referential hyperlink may well get valued at more than the $2,000 maximum hard-cash contribution.

In order for me to operate under those conditions, I will need to hire a lawyer and an accountant to guide me through the election laws and calculate my in-kind donations on almost an hourly basis. How many bloggers will put up with that kind of hassle just to speak their minds about candidates and issues?

-More round-up from Red State, including reaction from the left side of the blogosphere. MyDD, for example, writes:

I swear to the gods, how idiotic can people be? If the 3 Democratic-appointed judges on the FEC panel manage to extend the 2002 campaign finance law to regulate political speech over the internet, we Democrats can say hello to the wilderness for sure.

RS's Mike Krempasky is right about this:

Make no mistake - Democrats and Republicans together got us into this mess, including President Bush - who in the most glaring example of political cowardice of his administration signed McCain-Feingold.

But now that it's becoming clear what sort of disaster we're heading for as this law evolves and expands - the Democrats own this one. The Republican members of the FEC have seen the edge of the cliff and are trying to back away, only to be frustrated by the three Democratic appointees on the Commission. So I hope that our friends on the left side of the blogosphere will join us in urging those Democrats to stop this before it's too late.

Consider it the first opportunity for the left-of-center bloggers to have their very own Sister Souljah moment.

Here's hoping. In the meantime, here's contact info for the FEC:

Federal Election Commission, 999 E Street, NW, Washington, DC 20463 (800) 424-9530

The commissioners' pages are here.

Brad Smith's home page quotation is particularly fitting as this battle of the Blogs Vs. Big Government looms:

“I want to note that the growth of regulation generally, or more precisely, the growth of the administrative state, is itself smothering democracy in America, not only in its particulars, but in its general, ubiquitous presence.”

--Bradley A. Smith, speech delivered at the Catholic University Law Review’s Election Law Symposium on September 23, 2000.

Just so no one forgets, here's how each member of the Senate voted on McCain-Feingold back in '01. And here's how members of the House voted on the House companion bill known as Shays-Meehan.

Update II: Letters, we've got letters. There's Captain Ed's letter to Senators. And Mark Coffey's open letter to Sen. McCain.

Via the Anchoress, here's contact info for the entire Congress.

Meanwhile, LGF has a post on the blogger crackdown overseas.

[ajolympian2004]

I didn't forget! ;)

http://www.michellemalkin.com/

[kingattax]

[GeronL]

This needs to be our next target. We got Dan Rather and Eason Jordan and now we have to fight for free speech online!!

[cricket]

And we are supposed to feel threatened by by China wanting to take control of the the net. .

. . .STOP the World!. . .

[GeronL]

BIG BUMP

[GeronL]

The FEC is FECal matter

[Deetes]

mark BTTT

[GeronL]

super ping

[My2Cents]

Just out of curiousity, how might this affect FreeRepublic?

[ajolympian2004]

Just out of curiousity, how might this affect FreeRepublic?

Great question and how about the many Forums that exist all over the internet where people post their political opinions.

[Erik Latranyi]

Just out of curiousity, how might this affect FreeRepublic?

Once they (the gov't) starts with one aspect of the web, it will never end.

[goldstategop]

The Left and Johnny McInsane would love to shut down Free Republic. We're a constant Free Speech thorn in their side. Extend Constitutionally Forcible Rape to the Internet? Not if we rise up in arms against it. The government will have to put us all in jail first.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)

[jaykay]

any expression of support on CQ with a referential hyperlink may well get valued at more than the $2,000 maximum hard-cash contribution.
An "expression of support" posted on this or other large forum would also be valuable by this logic. So would an "expression of support" spoken on a radio call in show. Not to mention what is said by the hosts of radio shows. They don't want anyone saying, writing, reading or hearing anything that isn't a product of the monolithic media. They'd have to re-create the KGB to monitor and enforce all of this.

[backhoe]

You may recall that some of us led ( or tried to lead ) a charge against campaign finance reform-- a red herring which was actually a dagger aimed at the heart of the First Amendment and free speech.

Here's an excerpt from a CFR era file of mine:

---

Silence, America!:

Silence, America!: for Silence, America!. 

Other Bump Lists at: Free Republic Bump List Register

---

A further Mini-Editorial!

Folks, these clowns, corrupters, and frauds in Congress are trying to silence YOU!

Wake up, doggone it!

Rush and Hannity and all the hosts in the world can inveigh against this garbage day and night, but unless you actually do something about it, it will not matter one tiny iota!

Now is the time! If not now, when? When they arrest your wife or kids for "improper speech?"

Get off your rear ends and send some emails and faxes. Write letters, especially letters to editors.

Call talk shows- the local ones are easy to get on and reach a lot more people than you may realize.

This- right here, this "issue"- is where the rubber meets the road...

There are over 70,000 members here, and I know each of you knows at least two or three more people you can tell about this-- so do it! Now!

And tell them to tell 2 more people, and tell them to "pass this on to 2 more..."

The right to speak freely is as fundamental to a free society as the right to defend yourself against unprovoked attack. This is a frontal assault on your liberty and the freedom of your children and spouse.

It's time to move out, folks- march, or die....

---

[goldstategop]

The Old Media is hankering to reclaim its gatekeeper monopoly status. And the politicians want to expand their power over the rest of us. They're helped by a SCOTUS that has thrown the Constitution in the toilet - after all, what Old Europe wants - goes.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)

[GeronL]

I remember we FReepers knew this would somehow be aimed at the Internet... I also remember something about Janet Reno way back when talking about making people register websites with the government for content...

[Alkhin]

I want to know if the FReepers who were so gung ho about McCain are willing to step forth and help bloggers on this one. They owe it to the bloggers.

McCain, thank you for your service to our country, but I think you suck as a congresscritter. Get out. Your bill made a lie of your service. Thanks a whole *(^&$*^$*^$ bunch!

[geedee]

Just out of curiousity, how might this affect FreeRepublic?

LOL. I suspect us dainty, shy, mild-mannered FReepers might not take it very well if Uncle Sam starts trying to tell us either what to say or how we can say it.

But, being the Loyal Bush-bots we are . . . at least according to our DU Brethren, we'll give such an edict all the respect it deserves.

[freedomfiter2]

Just out of curiousity, how might this affect FreeRepublic?



Exactly, the 2nd Amendment and free expression on the internet are our best tools for holding on to our freedom.

[geedee]

I respect your passion, backhoe.

I'm starting an email campaign today. I'm disabled and talking is sometimes a chore so I can't help much more than that . . . but I'll do what I can.

Stay passionate! We need advocates like you beating the bushes and shaking the trees.