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Free Republic's Comments on the FEC's Draft Notice of Proposed Rulemaking on Internet Communications
Federal Election Commission ^ | Friday, June 3, 2005 | Kristinn

Posted on 06/09/2005 1:35:23 PM PDT by kristinn

James Robinson, President

Free Republic, LLC

PO Box 9771

Fresno, CA 93794

www.freerepublic.com

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


TOPICS: Constitution/Conservatism; Free Republic; Front Page News; Government; News/Current Events
KEYWORDS: fec; freerepublic; internet; testimony
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To: kristinn
I suppose if modern day Congress was in power two hundred years ago, The Federalist Papers would never have been allowed to be published, since they were written by some guys with the screenname Publius.
61 posted on 06/09/2005 3:32:38 PM PDT by Toskrin (Eschew obfuscation)
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To: Calpernia

Perfect timing cross-reference! :)


62 posted on 06/09/2005 3:33:39 PM PDT by JesseJane (43 - First 'illegal alien' Presidente')
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To: kristinn

and to identify those who they THINK broke them, they will have to identify those who have broken NOTHING, just to be fair... and in case at some point in the future they DO break them...

kind of like GUN registration.
Only Free Speech registration instead.

the nation is finished.
conservatism is dead.
Reagan wanted to disband the FEC and the Dept of Ed.

Bush wants to renew the federal incursions rights act, aka patriot act... and use 911 as justification for spying on AMERICAN CITIZENS. NONE of the 911 perps were americans.

Well, since bush is a Christian, it must be okay...

for the record, W and the FEC need to back off... big time.
American conservatism as well as democratic demagogues don't like folks messing with our freedom to communicate without fear of government interference.

But after decades of going after guns to the point where citizens believe you NEED a concealed carry PERMIT to exercise your right to carry a gun... it only follows that speech will soon require a permit too.

Tyranny.
On steroids.


63 posted on 06/09/2005 3:41:10 PM PDT by Robert_Paulson2 (And the Pharisees and scribes murmured, saying, This man receiveth sinners, and eateth with them.)
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To: Calpernia

what thread was that?
link for me if you can.


64 posted on 06/09/2005 3:41:57 PM PDT by Robert_Paulson2 (And the Pharisees and scribes murmured, saying, This man receiveth sinners, and eateth with them.)
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To: kristinn
There was no FEC back in those days. But KIng George had his own enforcement mechanisms.

SSDD.

65 posted on 06/09/2005 3:48:18 PM PDT by mewzilla
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To: Robert_Paulson2

Sens. McCain, Feingold; Reps. Shays, Meehan propose regulating Internet
http://www.freerepublic.com/focus/f-news/1419849/posts

:)


66 posted on 06/09/2005 3:51:01 PM PDT by Calpernia (Breederville.com)
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To: JesseJane

bump!


67 posted on 06/09/2005 3:51:42 PM PDT by Calpernia (Breederville.com)
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To: kristinn

Nice letter! My only suggestion would have been to add something a little more defiant - such as:

Mr. Commissioner,

This is to inform you that we denounce, in the strongest possible terms, your subversive attempt to again stifle free speech and concoct some typically nonsensical law that will undoubtedly fail (as everything else you've passed has) and that was written up by the various lecherous political hacks that inhabit Washington for the purpose of helping the various political parties and garnering superficial media commendation. Mr. Commissioner, we have had enough and we will not go quietly into the night. No, Mr. Commissioner, this time you will find a revolting and angry populace that will vent their anger across the infinite space that is the Internet. You cannot stop us and we will not permit you to stop us. We are sick and tired of big Government Republicans and big Government Democrats trying to regulate the 'masses' in the name of 'public safety' or whatever other semantic rot you folks come up with that enables you to trample on our Constitution. Arrest us if you will and if you dare. We are prepared to take our revolution out of the blogosphere.

Sincerely,
Free Republic


68 posted on 06/09/2005 3:56:30 PM PDT by traviskicks (http://www.neoperspectives.com/charterschoolsexplained.htm)
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To: Calpernia

oh bloody friggin day of damnation.


when will we ever be free from the 'control everything' for the good of "fillintheblanks' crap!!!

sick.
truly sick.


69 posted on 06/09/2005 3:57:44 PM PDT by Robert_Paulson2 (And the Pharisees and scribes murmured, saying, This man receiveth sinners, and eateth with them.)
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To: Robert_Paulson2

>>>when will we ever be free from the 'control everything' for the good of "fillintheblanks' crap!!!


We must be close. They are pulling out all stops. Pigs squeal louder when you get ahold of them.

You saw this one right?

http://www.freerepublic.com/focus/f-news/1419737/posts


70 posted on 06/09/2005 4:01:29 PM PDT by Calpernia (Breederville.com)
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To: kristinn

Great post, except for the typos and mangled sentences. :-)


71 posted on 06/09/2005 4:16:13 PM PDT by Mind-numbed Robot (Not all that needs to be done needs to be done by the government.)
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To: kristinn; Neets; Darksheare; scott0347; timpad; Conspiracy Guy; NYC GOP Chick; MeekOneGOP; ...

Most of you guys have probably already been pinged to this thread, but I will do it again :)


72 posted on 06/09/2005 4:29:58 PM PDT by MikefromOhio (10,000 posts by 29 June!!! 9,538 replies and counting)
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To: kristinn
Here's my question referenced to the following quotes from above:

"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"

"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."

How will those statements be reconciled to the inevitable question that people get banned for particular political views around here? The right of Free Speech on this message board belongs solely the owner of the website. Everything else is under his grace.

How will that be addressed if it brought up?

73 posted on 06/09/2005 4:50:17 PM PDT by Rebelbase (Mexico, the 51st state.)
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To: kristinn; Jim Robinson; All
I had volunteered to draft this answer to the FEC regs on behalf of FreeRepublic. I got the regs, planned the reply, then had the misfortune to spend the Memorial Day Weekend in the hospital with a mild heart attack. (All's well, now.)

Kristinn read me the text of these comments that he filed just in time with the FEC. As he read that, I mentally ticked off the points I thought needed to be made. When he got to the end, I told him that he had cleared the bases, scored the touchdown, filed a pleading that was as good or better than any attorney could have filed for FR.

I said that to kristinn. I'm honored to say the same in front of God and everybody. This is a powerful statement of the reasons why the FEC should keep its hands off the Internet.

Internet discussions today are every bit the equivalent of the tavern discussions in Boston which gave rise to the Sons of Liberty and the Boston Tea Party. Or the ones in a tavern in Williamsburg that lead to the Committees of Correspondence everywhere during the Revolution. Or the events in taverns everywhere that Tom Paine's Common Sense was read aloud to the majority of Americans who were not, at the time, able to read.

Yes, it is just that important to back the FEC off of its intent to control political speech on the Internet.

John / Billybob

74 posted on 06/09/2005 4:51:12 PM PDT by Congressman Billybob (For copies of my speech, "Dealing with Outlaw Judges," please Freepmail me.)
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To: Congressman Billybob

Glad to hear you're going to be okay!


75 posted on 06/09/2005 4:52:47 PM PDT by Dog Gone
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To: KarlInOhio
They are also trying to figure out why the Founding Fathers skipped from Amendment VIII to Amendment XI.

Good point. But my opinion is Amendments IX and X don't appear in their government copy of the Constitution.

It probably makes little difference. The Supreme Court ignored those amendments this week in the decision concerning medical pot. If you follow their reading of the Commerce Clause, nothing you do is outside the reach of the government.

76 posted on 06/09/2005 5:10:09 PM PDT by Lawgvr1955 (Never draw to an inside straight.)
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To: Congressman Billybob; kristinn; Jim Robinson

Great work, gentleman.

Glad to hear you're OK John.


77 posted on 06/09/2005 5:19:32 PM PDT by Gabz (My give-a-damn is busted.)
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To: Congressman Billybob; kristinn; Jim Robinson

Great work, gentleman.

Glad to hear you're OK John.


78 posted on 06/09/2005 5:19:32 PM PDT by Gabz (My give-a-damn is busted.)
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To: Congressman Billybob
Internet discussions today are every bit the equivalent of the tavern discussions

I'll take a bourbon and coke then. lol Glad you are ok, had one of those pesky li'l attacks myself last year round Memorial Day.

79 posted on 06/09/2005 5:20:52 PM PDT by Chani (If it isn't in Texas, you probably don't need it.)
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To: Congressman Billybob

Glad to hear that you are OK -- HUGS!

Bump!


80 posted on 06/09/2005 5:25:06 PM PDT by Angelwood (FReepers are Everywhere! We Support Our Troops! (Hillary's Vast Rt Wg Conspiracy))
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