FEC to Clamp Down on Blogging?
The coming crackdown on blogging (CNET News)
[FEC Commissioner] Bradley Smith says that the freewheeling days of political blogging and online punditry are over. In just a few months, he warns, bloggers and news organizations could risk the wrath of the federal government if they improperly link to a campaign’s Web site. Even forwarding a political candidate’s press release to a mailing list, depending on the details, could be punished by fines.
Declan McCullagh interviews Smith and gets some rather chilling answers.
Q: What rules will apply to the Internet that did not before?
A: The commission has generally been hands-off on the Internet. We’ve said, “If you advertise on the Internet, that’s an expenditure of money–much like if you were advertising on television or the newspaper.”
Do we give bloggers the press exemption?
The real question is: Would a link to a candidate’s page be a problem? If someone sets up a home page and links to their favorite politician, is that a contribution? This is a big deal, if someone has already contributed the legal maximum, or if they’re at the disclosure threshold and additional expenditures have to be disclosed under federal law. Certainly a lot of bloggers are very much out front. Do we give bloggers the press exemption? If we don’t give bloggers the press exemption, we have the question of, do we extend this to online-only journals like CNET?
How can the government place a value on a blog that praises some politician?
How do we measure that? Design fees, that sort of thing? The FEC did an advisory opinion in the late 1990s (in the Leo Smith case) that I don’t think we’d hold to today, saying that if you owned a computer, you’d have to calculate what percentage of the computer cost and electricity went to political advocacy. It seems absurd, but that’s what the commission did. And that’s the direction Judge Kollar-Kotelly would have us move in. Line drawing is going to be an inherently very difficult task. And then we’ll be pushed to go further. Why can this person do it, but not that person?
How about a hyperlink? Is it worth a penny, or a dollar, to a campaign?
I don’t know. But I’ll tell you this. One thing the commission has argued over, debated, wrestled with, is how to value assistance to a campaign. Corporations aren’t allowed to donate to campaigns. Suppose a corporation devotes 20 minutes of a secretary’s time and $30 in postage to sending out letters for an executive. As a result, the campaign raises $35,000. Do we value the violation on the amount of corporate resources actually spent, maybe $40, or the $35,000 actually raised? The commission has usually taken the view that we value it by the amount raised. It’s still going to be difficult to value the link, but the value of the link will go up very quickly.
Such is the idiocy of McCain-Feingold–as upheld by the Supreme Court, no less–and its attempt to clamp down on political expression. Mike Krempasky notes that this is a bipartisan mess and hopes that bloggers on the Left and Right will be outraged by this possibility. Considering that the Left, so far, has been the most adept at using blogs to raise money for candidates, that just might happen.