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
Thanks for the mention. It was a nice turn of phrase that came to me in a fit of anger at the Clintoon administration over the USS Cole.
Garde la Foi, mes amis! Jamais reculez á tyrannie un pouce!
(Keep the Faith, my friends! Never give an inch to tyranny!)
LonePalm, le Républicain du verre cassé (The Broken Glass Republican)
The first amendment protects our right to free speech, free assembly, etc., but it does not prohibit owners the right to control the use and content of their own web sites or the direction of their organizations.
For example, FR is rallying in support of our president and the war effort. Free Republic chapters in scores of cities all around the country joined us in this effort and held rallies in support of our common causes. The first amendment does not require that we allow our opponents equal access to our rallies or our forums. Persons or groups who oppose the war or our president and or any other cause we are supporting are not guaranteed the right to heckle, disrupt, or even state their opinions on our web site. They can and do have their own sites to state their opinions or promote their causes per the first amendment.
The same holds true in supporting or opposing other issues or candidates. The government simply does not have the constitutional authority to control or disrupt our political activities or to make demands of disclosure of private information.
Thank you Congressman Billybob! Praying you stay well.
I think I've got it now. The internet is the "old town" news board and FR and other sites are what is tacked up on the board. You control the content of what you tack up. If someone doesn't like it they have the right to hang their opinion beside yours but not tamper with it.
I guess that the difference between that ruling and the recent one on medicinal pot is that intrastate possession of an item isn't interstate commerce, while on the other hand intrastate commerce is interstate commerce. Or at lease Scalia and Kennedy were convinced of that torturous logic.
Well said, Jim. The Constitution lists many rights of human beings, but lists only those things that governments are allowed to do.
Great job Kristinn!
Free expression is the government's worst nightmare.
McCain-Feingold, the Fairness Doctrine, Buckley v. Valeo, etc., etc...
These are all ways of stifling our right to dissent.
Anyone who wants to articulate a point of view that runs afoul of the power-brokers is going to be subject to prosecution
I think you've presented a great brief for the defense, Kristinn.
Keep up the good work!
-good times, G.J.P. (Jr.)
That's putting it nicely.
A Kentucky Ping, Please...and a BUMP
Well done.
bump
FR 'Green Dragon Tavern' of the Internet BUMP
Good job!
"Would this, if it were to happen, include foreign FReepers?"
I am curious.
The whole thing makes my blood run cold.
The next Dem president [may God forbid that a million times] will shut places like this down by whatever means necessary.
Just imagine the uber-grudge kerry is holding......
Never give up, mate. And let Claire Wolfe (My favourite temptress) know how the battle wages on. We all pray fervently for the best possible outcome, and so hearing about every opportunity that comes about to allow us to exercise whenever possible our freedoms and liberties are occasions for rejoicing indeed, LOL!
Perfect, mate. You've got it.
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