McCain-Feingold v. Bloggers
In September 2004 Judge Colleen Kollar-Kotelly ruled that the Federal Election Commission’s (FEC) exemption of internet activity from the McCain-Feingold legislation was contrary to congressional intent, forcing the FEC to amend its rules. Federal law already allows exemption from FEC regulation to a “broadcasting station, newspaper, magazine or other periodical publication.” But the new rules, proposed last spring, set off a firestorm for including blogs and emails in the regulations. The proposed rules would apply to all internet activity except that with “limited distribution” or with password-protected sites. Emails to more than 500 people in 30 days would also trigger FEC regulation.
Understanding the potential affront to free speech, not to mention the political ramifications, some representatives in Congress attempted to pass legislation which would amend the campaign finance laws to give Internet publishers the same exemptions that print newspapers and magazines enjoy. After Democrats first blocked the effort last November (thanks in part to procedural rules which required a 2/3 vote to pass), a House panel successfully approved H.R. 1606 late last week which exempts certain online communications from the reporting rules.
CNET, which offers a good summary of the recent events, reports the House reform proposal is only one sentence long and reads that the portion of federal election law dealing with publications aimed at the general public “shall not include communications over the Internet.” Writing at his VOLPAC blog, Senate Majority Leader Bill Frist, R-Tenn., explained why he has proposed companion language to H.R. 1606 as an amendment to a bill to overhaul lobbying regulations. Here’s an exerpt:
From the earliest days of our republic, freedom of speech and freedom of the press – be they anonymous pamphlets, celebrated essays or local newspapers – were understood to be fundamental to the practice and defense of liberty. Without the ability to convey ideas, debate, dispute, and persuade, we may never have fought for and achieved our independence. … And, today, it’s bloggers whom we now have to protect. There are some who, out of fear or shortsightedness, wish to restrict the ability of our modern day-Thomas Paines to express political views on the World Wide Web. … I stand firmly against these efforts to hamstring the Internet and squarely with the champions of free speech.
