In Germany they came first for the Communists and I didn’t speak up because I wasn’t a Communist. Then they came for the Jews and I didn’t speak up because I wasn’t a Jew. Then they came for the trade unionists and I didn’t speak up because I wasn’t a trade unionist. Then they came for the Catholics and I didn’t speak up because I was a Protestant. Then they came for me — and by that time no one was left to speak up. — Martin Niemöller
I haven’t been following the latest blogosphere buzz, but it’s time to get involved. The one thing uniting liberal and conservative bloggers is a threat to our First Amendment rights. I may not agree with my liberal counterparts, but I wholeheartedly support their right to blog.
The Federal Election Commission (FEC) is considering extending the Bipartisan Campaign Reform Act of 2002 to the Internet. With the complicity of our own George Bush, Congress violated the First Amendment by making law limiting certain groups from campaigning for political candidates in the months leading up to an election and limiting “soft money” contributions, although Congress is expressly prohibited from “…abridging the freedom of speech, or…the right of the people peaceably to assemble, and to petition the Government.”
The campaign finance reform law, like many laws designed by bureaucratic policy wonks, is complicated. The Washington Times wrote an editorial last year that is by far the most coherent explanation of the law, also known as McCain-Feingold :
People exercise their free-speech rights by expressing their ideas in forums that permit the widest dissemination. (What good is freedom of speech if the words cannot be heard by as many people as possible?) Today, television and radio represent the most effective forums for speech. An especially odious provision of McCain-Feingold was its section that attempted to specifically limit these avenues of communication by placing restrictions on so-called “electioneering communications” at the very moment they would be most effective — during the months immediately preceding an election. (What good is free speech if it can be exercised only during periods when it is likely to have the least impact?)In recent years, the national political parties funded hundreds of millions of dollars worth of issue ads (now called “electioneering communications”) with soft money, which the parties collected in unlimited (but fully disclosed) amounts from corporations, labor unions and wealthy individuals.
What should concern bloggers of all stripes is that despite an exemption, the Internet may become subject to the campaign finance reform law. A widely linked article by Declan McCullagh lays it all out. He interviewed Bradley Smith, one of six FEC commissioners. McCullugh writes:
In 2002, the FEC exempted the Internet by a 4-2 vote, but U.S. District Judge Colleen Kollar-Kotelly last fall overturned that decision. “The commission’s exclusion of Internet communications from the coordinated communications regulation severely undermines” the campaign finance law’s purposes, Kollar-Kotelly wrote.Smith and the other two Republican commissioners wanted to appeal the Internet-related sections. But because they couldn’t get the three Democrats to go along with them, what Smith describes as a “bizarre” regulatory process now is under way.
The law as applied to bloggers would mean that our linking to a particular candidate’s web site could be seen as a “contribution” to the campaign. As ridiculous as it sounds, we could be charged with a crime if found in violation.
This is why I am anti-big government, people. Forget the perks, like skin color set-aside programs, subsidies and the like. Government continues to grow more oppressive every day, and its perceived power to regulate every aspect of our lives knows no bounds!
Several bloggers are all over this, including Captain’s Quarters (who also does a great job explaining how the law would affect bloggers — also see his open letter to the Senate), Michelle Malkin (round-up), Devil’s Advocate, Pirates!, Power Line, Mark Tapscott…
If you blogged about this, trackback to this post and I’ll include your link in my round-up.
Pajama Hadin writes: “…I think there would be very strong justification for extending the exemption for the press in the McCain-Feingold law to Bloggers. The difficulty would be coming up with a standard for which kinds of Blogs would consititute representatives of the news media and thereby fall under the exemption. I suppose the specifics of Leahy’s bill would be a good start.” He also has a round-up.
Boy, am I late on this. 
Update: RedState is blogging so much about this issue, they’ve started a new section.
When I first started blogging back in November 2003, I remember reading an article about blogs as “serials” by Biz Stone, who works for Blogger. I found a similar article he wrote. The relevant portion:
Make It LegitIf you publish a weblog, whether it’s a solo project or a group gig, then you qualify for an International Standard Serial Number (ISSN). That’s right, you are a legitimate publication like any magazine or newspaper according to the National Serials Data Program, Library of Congress:
“In the case of electronic serials — especially those available online, such as on the Internet — the most significant criterion is that the publication must be divided into parts or issues which carry unique, numerical designations by which the individual issues may be identified, checked in, etc. Electronic serials that are issued as individual articles meet this criterion as long as the articles carry a unique designation.”
Blogs are published to the Internet in unique individual post so they qualify. In many cases you can apply for your number over the Web. I’ve seen several blogs proudly displaying an ISSN.
According to the definition of “serial,” a blog can be considered a serial publication. In that regard, if my blog is a serial publication akin to a newspaper, it qualifies for the press exemption under the campaign finance reform law. It’s a darn shame bloggers have to jump through all these hoops just to blog!
More from Malkin and other bloggers: thathero.com journal, Air Force Voices, The Liferaft of Love, Ubique Patriam Reminisci, Mount Virtus, Tex the Pontificator, Hold the Mayo, Right Wing Nut House (must-read post), Democracy Project, OKIE on the LAM, What Attitude Problem?, UNCoRRELATED, Mind of Mog (kitty, kitty), Political Teen (he’s really a teenager)…
Update II: RedState has a transcript of the first half of an interview with Bradley Smith, an FEC commissioner. You can also follow Polipundit’s link to the audio.
Lorie Byrd is back and tracking FEC-gate. (Did I just write FEC-gate??)
Update III (3/5): Very interesting analysis about blogs, file sharing and government regulation over at Whither The Fool? More updates here and here. Also see J Rob’s House of Opinion.
Right Wing Nut House receives an e-mail response from FEC Commissioner Bradley Smith.
Beldar the lawyer blogger weighs in on FEC-gate.
Welcome FullosseousFlap’s Dental Blog to the blogosphere. Stroll on over to Darleen’s Place, too.
Read Paradigm Shift’s “US Emulates Communists.”
The Cliffs of Insanity has joined the insanity.
