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The FEC vs. Blogs - (FEC trying to extend McCain-Feingold to the internet, by Michelle Malkin)
MIchelle Malkin ^ | March 3rd, 2005 | Michelle Malkin

Posted on 03/04/2005 12:10:40 AM PST by 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.



TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: bigbrother; blog; blogging; blogosphere; campaignfinance; censorship; cfr; fascism; fec; firstamendment; freespeech; govwatch; hillary; malkin; mccainfeingold; michellemalkin
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To: JesseJane

Ping. I'm thinking again, about who-all was at the WEF, JJ. There would have to be spiders and crawlers creeping through the internet to determine whether one's private email or blog or website was "politically oriented".

And to hear the left gnash its teeth over, say, the Patriot Act. To hear them screech about the "vast right wing conspiracy".

No doubts, there are other parts of McCain-Feingold -- yet to be releashed. Let's see, McCain says he wants to see local TV/Radio stations be FORCED to air (at their own cost) "chump change" candidates. So, in this case, does this mean that the Stations has to give the appearance of "supporting" the candidate? And therefore pay a charge?

Will those bloggers and emailer who are supporting a "chump change" candidate be FREED from this newer-proposed fees via McCain-Feingold?


21 posted on 03/04/2005 3:36:11 AM PST by Alia
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To: geedee
[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.]

THEY WILL HAVE TO PRY MY COMPUTER KEYBOARD FROM MY COLD, DEAD HANDS.
22 posted on 03/04/2005 3:37:41 AM PST by spinestein
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To: geedee
Regards to you, my FRiend...
23 posted on 03/04/2005 3:39:30 AM PST by backhoe (-30-)
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To: ajolympian2004
Coma And Take It!

24 posted on 03/04/2005 3:48:29 AM PST by Flyer (The contents of this information is for your exclusive use and should not be forum curran)
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To: spinestein
THEY WILL HAVE TO PRY MY COMPUTER KEYBOARD FROM MY COLD, DEAD HANDS.

And mine. I suspect the Pubbies know better than to shoot the ones who sent them to the dance.

25 posted on 03/04/2005 3:54:25 AM PST by geedee (You're a Patriot when a half-masted Old Glory makes you grieve, and Old Hillary makes you heave.)
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To: geedee

Not gonna happen. The right, left, center, and extremists on all sides will not tolerate it.


26 posted on 03/04/2005 3:57:15 AM PST by Jet Jaguar
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To: ajolympian2004
You know, if the FEC were around in the early 1770's, "Poor Richard's Almanac" would have been against the law!

Damn that reprehensible supreme supremist court for upholding MFCFR! It's 100% blatently unconstitutional, based on 5 little words... "Congress shall make no law." What part of that doesn't the supremist court understand, when "applying the Constitution to laws?"

It's amazing how the supremist court is able to find all sorts of rights that aren't enumerated in the Constitution (and I agree 100% with the 9th and 10th Amendments, don't get me wrong here), but when a right is specifically enumerated, they say, "Nahhhh... That's not really important, and it doesn't really mean what it spells out..." That's one of the reasons I'm scared to death of the supremist court getting a hold of the Second Amendment...

The supremist court is like a rogue elephant, running rampant across the fields of our government, supplanting the Republic style of government with their own decrees.!

Mark

27 posted on 03/04/2005 4:06:52 AM PST by MarkL (That which does not kill me, has made the last mistake it will ever make!)
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To: geedee
I suspect the [GOP] know better than to shoot the ones who sent them to the dance.

That wasn't evident during the campaign, when they unleashed McCain for his vitriol against the Swift Vets and POWs. That wasn't evident when they started talking 'domestic partners' weeks before voters in eleven states voted against 'gay marriage'. If that was all at the leading of 'boy genius', Karl 'amnesty' Rove, why would anything be different, now, particularly as Pres. Bush is NOT running again? Remember, it was Ann C., on a 'blog' in a way, who coined this term for Rove - 'boy genius'. Rove probably wishes PLB and LGF and the rest would just - go away.

I don't think he gets it any more than those Dem that want to extend such legislation to get only the conservative bloggers. Could I be wrong about the guy, on this? I sure do hope so.

28 posted on 03/04/2005 4:31:33 AM PST by sevry
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To: Alkhin
McCain

Time for a little historical review, on just WHAT this guy did and didn't do during the war. And it's time to have a second look at this poser's record in Congress. He's an embarrassment to the GOP, no question.

29 posted on 03/04/2005 4:33:39 AM PST by sevry
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To: Jet Jaguar
[Not gonna happen. The right, left, center, and extremists on all sides will not tolerate it.]

That may no longer be true.

Some on the left may be more willing to strike a Faustian bargain with CampaignFinanceReform in order to punish those on the right.

Their hatred for conservatives at this point has overcome their clear thinking and there are many who are now eager to allow the government to infringe upon their own freedom of speech if it means "shutting up" people like us at Free Republic.

Consider this remark, typical of SOME of the posters at Democratic Underground:

[This is not a bad thing, IMHO.
This is about the use of political money on the internet,
which is being equated to using political money on broadcast
media.
People that don't take or raise political money will be fine, people that raise money honestly will be fine, the Swift BoatVeterans for Truth will be in deep shit.]

----A DUer on CFR applicability to internet forums.
We can't count on a bunch of hate-clouded fools to ally with us on the reasoning that it's in their own best interest as well as ours.
30 posted on 03/04/2005 4:37:09 AM PST by spinestein
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To: spinestein

Good point. Thanks.


31 posted on 03/04/2005 4:39:20 AM PST by Jet Jaguar
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To: GeronL
We got Dan Rather and Eason Jordan and now we have to fight for free speech online!!

Is there a better expression than "we got" here? Ed Asner used those words in talking about Rush Limbaugh's drug problem. I'd prefer to say that we helped expose the bias and deceipt practiced by Rather and Jordan. They got themselves. Any other suggestions?

32 posted on 03/04/2005 4:45:23 AM PST by jimfree (Freep and Ye Shall Find)
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To: jaykay
They'd have to re-create the KGB to monitor and enforce all of this

No joke - and a small voice in the back of my head says that was the idea all along.

33 posted on 03/04/2005 4:45:56 AM PST by ko_kyi
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To: kingattax

I'm calling my representitive and both Senators today! I urge all of you to do the same. Someone needs to reign in the FEC, and this McCain-Feingold nonsense bill needs to go the way of the dinosaur!


34 posted on 03/04/2005 4:46:55 AM PST by sola_fide
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To: TapTap

First amendment ping


35 posted on 03/04/2005 4:53:55 AM PST by Vor Lady
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To: sola_fide
[I'm calling my representitive and both Senators today! I urge all of you to do the same.]


Same here. This is not something that's going to go away by itself. It's going to take hard work and diligence and I'm planning to do my part to stop the CFR infringement of free speech from running over us.
36 posted on 03/04/2005 4:54:07 AM PST by spinestein
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To: sevry
I agree with some of your comments . . . but Insane McCain has shown he can't be reined in by anyone. He spoke out against the Swift Vets and POWs to massage his own ego.

Did we achieve EVERYTHING we'd hoped to achieve? Nope, not even close . . . but it's easier to change the minds of like-minded individuals than it is to change the minds of no-brains Liberals. We just have to slowly but surely keep reeling in the Republican "mavericks" . . . but we can't toss out the entire Cherry Pie just because a few of them aren't yet ripe.

We Conservatives have fought for my entire life to become the Majority Party. Sadly, we've had to make some sacrifices to achieve our goal . . . but we're there now.

Now we can start fine-tuning our political machine to "sterilize" those political prostitutes who would sell their souls to be reelected. But we have the numbers to do it now. We can pick off the RINOs one at a time and not suffer a major blow. When we pick off enough of them, eventually, the others will get the message.

We pick the most egregious ones first . . . but even then we shouldn't pick any ONE offense to be our rallying cry . . . like the abortion debate. For example, Let's say Senator A is Pro-Choice but he toes the line on the other Conservative Causes. Senator B is Pro-Life but he's anti-military, favors Big Government, and believes in gun control.

Abortion seems to ALWAYS be the hot button for us conservatives . . . and I'm as devoutly Pro-Life as anyone else . . . but I suggest this. Senator B's "over-all" failings are far, far worse than Senator A's . . . and could even, in the long run, cost more lives. Our enemies know not to challenge us because we have the world's greatest Armed Forces. If we allowed this to slide, Americans could become sitting ducks.

So, while I agree with the tenor of your comments, I humbly suggest, yes, they need to be corrected . . . but they need to be corrected with an over-all strategy in mind and not just pick one single Hot-Button as the catalyst.

I've waited fifty-one years for us to become the Majority Party . . . surely we can show a bit of patience with the 5-10% of the Republican Politicos who don't "toe-the-line" of our Conservative Agenda. Patient does not mean complacent, however, and that's very important. We've got them in our sights . . . let's just pick them off one at a time while in the meantime we still get 80-90% of our agenda approved.

37 posted on 03/04/2005 5:31:26 AM PST by geedee (You're a Patriot when a half-masted Old Glory makes you grieve, and Old Hillary makes you heave.)
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To: ajolympian2004

bump


38 posted on 03/04/2005 5:44:37 AM PST by lowbridge
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To: spinestein

I like my friend Phibian's idea.

http://cdrsalamander.blogspot.com/2005/03/vampire-vampire-vampire-coming.html

When do we march. Captain Ed can gather the Pajama clad VRRC, can Kos can get the Moonbats.

We just need a date. Once a ruling is made? May 1st?

More important, where do we meet for drinks before and after the march?


39 posted on 03/04/2005 5:45:30 AM PST by Mayor_of_ Cowford
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To: GeronL; PhilDragoo; Happy2BMe; devolve; Grampa Dave; potlatch; yall
bump / ping!

40 posted on 03/04/2005 6:25:22 AM PST by MeekOneGOP (There is only one GOOD 'RAT: one that has been voted OUT of POWER !! Straight ticket GOP!)
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