Bloggers Avoid Federal Crackdown on Speech
InklingBooks writes "Redstate has a chilling description of the FEC's original March 10 proposal to regulate political speech on the Internet. It would have been a 'regulatory minefield for bloggers' and may yet return." CNet has a view of this earlier language as well. It's important to note that the regulation has changed much since the initial draft. The FEC began consideration of more developed regulation language on Thursday. From the article: "So, the original attempt to regulate started with the premise that everything was to be regulated except that with limited distribution or on password-protected sites."
To know they would even CONSIDER such a thing is disturbing.
Speech on blogs shouldn't be regulated. However, the public has a right to know when that speech has been funded by political organizations. The law should require such contributions -- of any amount; blogs are so low overhead -- to be made public.The blogger doesn't need to reveal it, the info just needs to be available so other bloggers can find.
-- Slashdot: When Public Access TV Says "No"
All I can imagine is that it's related to the JG (Jim/Jeff Gannon/Guckert) fiasco, which they'd apparently like to blame on a few crazed muckracking bloggers. However, the "big story" isn't that someone with such a crazy and blackmailable past and no writing or journalistic skills was wandering around the White House. The real story is that he could pass for a "real journalist" for a couple of years. That's the real metric of how low America has sunk. Famous sense of humor notwithstanding, Benjamin Franklin would not be amused.
Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
So wait, in US politics its acceptable to raise and waste billions of dollars on stupid, totally biased commercials for parties, and auxiliary organisations that use some tax loop-hole to make even more biased commercials that rarely provide any insight to the arguments, but blogging is not on? The only people who really win in all this are the media companies, and lets not get started about 'campaign contributions', bribery and 'e' voting, the FEC shouldn't even be looking at the internet with all these problems.
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it means I can say whatever I want to about politics and the government. If I want to rail against Bush, I can do it. Against Clinton, an do it. Against Communists, Nazis, the ZOG Machine or whatever the hell else, I can do it. And the Government has no power to regulate it.
Further, "campaign finance laws" and TV ad shit. 'Freedom of Assembly.' If several people who have the same ideas I do get together and call ourselves the NRA or the AFL-CIO, doesn't matter, we have the right to do that, pool our money, and support our interests.
Respect the constitution to the letter or don't pretend to honour it. Just admit we dont have one, like Britian.
Like so many things, the issue here isn't black or white. No one in their right mind would regulate the Internet for political messages. On the other hand, its so easy to camouflage yourself on the net that crafty political agents can try to fool people into believing their message comes from someone more credible.
As usual, its the sneaks and cheats who may spoil things for everyone. Isn't there an analogy with email and spam here?
I have no idea what the solution might be, but I wonder about putting the onus on the politician or political party. How about regulating that they (politicians) can only use overt messages on the Internet. No sneaky business. Perhaps there could be stiff penalties if a hoax was discovered with clear evidence leading back to a politician.
There are people who abuse children; the solution is not to regulate children.
The Wall Street Journal had an editorial about this topic on Wednesday:
t ml?id=110006458
/.ers are just now hearing about it.
http://www.opinionjournal.com/editorial/feature.h
I'm surprised that
There are plenty of very good reasons they're tackling the issue and if you bother to read the related documents, it is quite clear they are attempting to draft rules that impact only coordinated, primarily directly paid, activity--and even then, they're simply requiring the campaign connections to be disclosed and, when appropriate, reported as contributions.
Congress made a law saying the FEC can write binding regulations. If the regulations are defective or unconstitutional, Congress or the courts can change them. Meanwhile, though, they're in effect.
/.ers and others who care can make their opposition heard. The FEC is just using this first draft as a trial balloon which, obviously crashed hard.
Federal employees tend to want more and more power. So do the commissions they make up. Thus Congress mandated public rulesmaking procedures so people like
This is a strange process, and the first draft reminds me of the way we Europeans treated the Indian lands we came upon: Since white people have or might travel here, we need regulations to keep them safe....
Reread Brave New World. The values and civilization the natural people at the end achieved is called the Perennial Philosophy, and is very similar to Open Source or FSF.
Freedom is not granted by a well-crafted constitution; it must be seized!
AnnaMerikin
I only need a license (class III) for fully automatic weapons. Also, States issue concealed carry permits (unless there are laws saying they are not needed, or Vermont where open carry is the law). At 18 I could buy any rifle or shotgun I wanted to. I can buy handguns this summer at 21. My father is giving me his 9mm Rugar and I am getting my concealed carry permit.
As Patrick Henry said, "the great object is that every man may own a gun. Everyone who is able may." Whether you "need" it to not isn't the point. The point is you might some day and it's better to have it than be sorry. the 2nd amendment in this country isn't about hunting or "keeping king george out." It's about personal defense, of the family and home, as well as the ultimate check and balance on the government.
A well armed citizenry means liberty and justice for all. Sure, some crimes will happen, but fewer. Legally owned firearms are almost never used in the commission of a crime. Criminals will always have them and its better that law abiding citizens do too than that only criminals have them. You cannot count on the police. In fact, they are probably more dangerous to liberty than conducive to safety.
But like I said, Europe is different. I'll bitch and complain about government health care here because it's not what this country was founded on. You can stick "HRM" in front of whatever you do and that's fine and in keeping with tradition. I really don't care.
If there ever was a time for US citizens (I'm not one) to rebel against the US government, it is now. I wish they would ;)
Occasionally it is needed. The Declaration of Independence provides the moral and legal authority for it. Furthermore, this is backed up by the inaugrual address of one Abraham Lincoln (ironic is it may be, it is true). I'm about to make an argument which was true in the eyes of the founding fathers even if I don't really believe it anymore: Standing armies are dangerous. They serve the State and not the People. If the government maintains a standing army then it is no need to care what the People say. This is why congress has the power to raise an army and raise and maintain a navy. appropriations for the army can be for a period no longer than 2 years. This is why the 2nd amendment talks of a militia. George Mason said, "after all, what is the militia? it is the whole of the people, minus a few public officials." The Federalist Papers back up that every male citizen must be part of the militia, and provide his own weapon. "well regulated" means "put to good order" in the context of the 2nd amendment -- meaning, trained and uniformly equiped with the standard issue weapon of the day. Today that is the M16A2 (semi auto and 3-shot burst select fire .223 (5.46mm) rifle). I have heard that he UCMJ also supports the notion that the militia is everybody not otherwise already in the acitve service or national guard. of course, i heard that in someone's slashdot comment years ago and we know how reliable information around here is :-)
At any rate, what I am talking about is keeping intruders, criminals, and people like bill clinton ('We cannot be so fixated on our desire to preserve the rights of ordinary Americans.''
-- B.J.Clinton, USA Today, 3/11/93 page 2A) out of my home, away from my family, and off of my rights. Not vigilanty gangs. Although, they are more effective than "due process"
...You're getting it.
Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
Political speech is the most sensitive, and the SCOTUS usually gives it the most protection. I suspect any attempt of this kind would rapidly result in their stepping in. I also expect many people would be willing to draw the line here.
These are some comments of mine on the CDA from many years ago:
"Recently my pastor quoted Nelson Mandela's inauguration address in the context of how we should challenge authority and give forgiveness in taking freedom. I was listening and weeping and thinking.
"Nelson Mandela can say that; Ken Saro-Wiwa might have said that; even I have the right to say that; but I question whether he should have said that. He has never experienced the arbitrary power of immoral authority, and does not know what it is like to face the power of the state alone with no certainty of outcome. What it is like to have friends fall away and perhaps be jailed. To come out the other side wondering why you are there and others not. I know I can't ask others to go through that. I spoke this morning with one of the plaintiffs who has joined with the ACLU in challenging this legislation, and the only thing I could say was 'Thank you.'
"One of my other postings discusses the academic 'vow' to speak the truth, not listening to pleas of convenience. Politics is not about truth; it is about power. The first rule of politics is 'punish your enemies' and that is what the CDA is about. Certainly many politicians are squeamish about the innocent blood that may be shed; but many more don't mind, and some even relish it. The First Amendment is the least of their concerns. For academics, it is the greatest of our concerns, because it protects us when we speak the truth. I cannot tell you this is the time, but I will suggest that if your fate is to go down challenging immoral authority, this is as good a place as any."
The basic principle is laudible. In practice however; what a mess. I think the FEC is trying to protect us from astroturfing and outright lying. It would be nice if they could dream up rules that would do that without wreaking havoc on the rights of the rest of us. Oh well. (resigned sigh. Is it too early for a beer? Probably.)
While I don't like to say things that might associate me with the tin-foil-hat crowd, it's really, really hard for me to reconcile these proposed regulations with the idea of "protecting" us from anything. It's a far easier conclusion for me to think that regulating political speech is one of the basic steps in consolidating political power.
If candidates are to be allowed to "compete fairly" in the world as it exists today, an unregulated Internet is, quite possibly, the only way to do it.
Really, I'm out of words here.
That's not as surprising as you might think. You're expressing a completely emotional argument, absent any rational assessment.
Consider that statistics show consistently that a well armed citizenry reduces crime rates. Also consider that guns are not the only weapons that kill. You have to decide if you are a person able to comprehend abstract rational thought and look at causations and corrolations and make decisions on that basis. For instance, do you blame an inanimate object, loath and fear it because you think that object hurt someone? This is caveman "fire is bad" thought and really an expression of an educational failing. We can't ban fire as much as we can ban guns, cars, volcanism, comets, and all other things that can hurt us.
Are you also able to understand that the mere creation of a rule or a law does not necessarily exact compliance? It must be frustrating to pass a law against crime, only to be consistently outwitted (and surprised) by the evil doers. I've listened to state legislators express complete shock that their latest law was ignored. The fact that such ill equipped persons got into office is only proof that there are a good many people who just aren't equipped to make it in life.
When you look at liberal persons, incorporate their causation reasoning flaws, complete lack of understanding of human behavior, and consistent rationalizing any situation only so they get to do what they want regardless of consequence, you realize that they're nothing more than intellectual children that refuse to grow up. It's no surprise then that they want a totalitarian society to babysit them.
We pay taxes to maintain an army and police force.
Yes, and so did those in East Germany, USSR, Lebanon, etc. Taxes are nonunique, and so is the trend for unchecked power to corrupt.
You're just talking about "taking the law into your own hands"
Again the lack of understanding of human behavior. In my small community, one out of three conceal carries. There is never crime by locals (who know of the presence of checks and balances on their behavior) and only absolute surprise by the fool who stumbles into a community like ours as he is successfully deterred or taken into custody.
Contrast that with this week's school shooting with numerous dead and injured, with the entire school staff unable to defend itself due to "progressive gun laws". So decide which you want to effect: a rule that expresses fear and hatred of objects and ignores human behavior, or a rule that understands human behavior can go bad if unchecked and give it guardrails to keep it from heading out of bounds.
I can't tell you how fucking scary I find that comment. Really, I'm out of words here.
That's because you've been brainwashed. In reality, when normal, honest people have the guns, the criminals are more afraid to use theirs, and if they decide to do so anyway, they find a much quicker demise.
We pay taxes to maintain an army and police force.
That's right, and the police can't be everywhere at once.
You're just talking about "taking the law into your own hands"
No, it sounds to me like he was talking about self defense. Taking the law into your own hands is absolutely the wrong thing to do, and most gun-rights advocates do not condone such things.
gun types seem to think of as armed revolution. Words fail me.
I'm sorry you've been trained in government school and most likely be your family that "guns are bad." Guns are dangerous, guns should be handled with great respect, but they are not evil.
However, there are plenty of people out there that are evil -- and they have guns, and will use them.
I don't want to wait for the police to come in and save me, so I own a gun and have taken courses to learn how to safely store, carry, and use it if that terrible day comes when it is a choice between my life or theirs.
Ironically, the word ironically is often used incorrectly.
The idea that the Constitution is a "living document" is not uncontroversial. It's an idea born of the progressive era in American history. It's an idea born of the notion that history is no guide to the present or future: therefore, experimentation based on present circumstances is the proper method for addressing the "unique" problems of the day.
There are other constitutional philosophies, notably natural law, or a principled approach to constitutional questions.
At the time of this country's founding, people were very jealous of government power and had first hand experience with what they considered tyranny. Now, with generations of americans growing up relative freedom, the american people are far less guarded when it comes to preserving their liberty; they are far more naive when it comes to how easily government can encroach upon and ultimately stifle liberty.
Make no mistake, the Second Amendment is not about hunting; it's not even about defending one's home from criminals; it is about the people -- as individuals working in concert -- reserving the use of force against government tyranny.
That government will tend towards the subjugation of its people is not a historical oddity; it's an eternal principle of politics. A "living document" philosophy does away with notions of eternal principles, and it does so at the risk of freedom.
quiquid id est, timeo puellas et oscula dantes.
I can't tell you how fucking scary I find that comment. Really, I'm out of words here.
We pay taxes to maintain an army and police force.
The army, if I'm not mistaken, is forbidden from acting against American citizens unless Martial Law is declared. Even if they aren't, they're somewhat busy overseas now to take an active part in law enforcement.
As for the police forces: They don't have to protect you. Period. They're job is to catch the guy after he robs/rapes/kills you. Don't beleive me? Ask the Supreme Court Of the United States.
If you want protection from other American citizens with less than honorable motives, you've got to do it yourself.
If there ever was a time for US citizens (I'm not one) to rebel against the US government, it is now.
As an American citizen, with all due respect, mind your own business. Stop trivializing revolution. Revolutions are meant for when the government ceases to repesent its people. Believe it or not, many issues that are unpopular with the typical Slashdotter (including me) are widely supported among the people. You don't change that by revolution, you change it by education. The only issue that doesn't really follow this is the corporate domination of politics. That only gets fixed by normal people running against career politicians who don't have the general interests of the people in mind.
As a foreigner commenting on American politics, I assume you're addressing foreign policy. Do you realize how much shit would have to go down for a revolution to occur over foreign policy?
I also assume that you weren't being all that serious, but the moderators really need to get a clue.
Heck, toss in a few truly bizarre government research projects (HAARP, anyone?), a few good unsolved mysteries (oooh, magic bullets), and suddenly every actual paranoid schizophrenic is clamoring to point out all the various government conspiracies that may or may not exist - whether or not those conspiracies are valid or even credible.
At this point, the corporate media could sell the general public any outrageous story, no matter how much a bald-faced lie, and they would eat it up and ask for more.
Hardware, software, and blinking lights!
And I find your words, and thier implied lack of understanding of a basic truth even scarier.
And yes a well armed citizenry DOESE mean a safer and more just society, not a perfect one, but better than one where the people are beholden to the police and army to keep the thugs and murderers and crooks from hurting them.
All gun grabber nonsense (and that's all it is) is predicated on the theory that man cannot controll himself and must be controlled for his own good, how else can they suppose people will start shooting each other up given guns?
The simple truth is most people would not kill someone who pissed them off no matter how easy. Have you ever tried to run someone over with your car? poison thier food? maybe just chop thier hand off with meat cleaver? NO almost certainly not and this is true for most people, and a gun wouldn't change that.
However for the tiny minority of people who do wish others harm, most wish to survive in of themselves and will not by choice take unecessary risks, such as by robbing someone who may shoot them to protect thier family.
Words fail you because none can place reason or truth to your emotion born, I hope, of ignorance of history and fact.
Mycroft
https://signup.leagueoflegends.com/?ref=4c3ed6600b6ea
I suppose that's why the USA are famous for their lower criminality, compared to any European country, New-Zealand or Canada ?
Revolution / invasion can reset the clock somewhat, such as in India.
America is getting old - erosion of freedom will continue until the next big uprising (e.g. French Revolution).
You don't get freedom in little pieces.
I never liked the speech regulation parts of McCain-Feingold, but what does this phrase mean in the context of a blog? How do they know how many people read my blog unless they demand my log files?
I think you're trivialising your country's problems. You mention education: something which is fundamentally broken in the US (unless you have money) and which the government is in no hurry to fix ('no child left behind' is just making matters worse). Seems like no one wants the general populace to be educated...
/bribing/ the government!!!) means that a) people with money have more than one vote and b) corporations have a say in government...a government which supposedly is by and for the people, with no mention of corporations.
/have/ to know that by now.
Anyway, the abolition of basic human rights (as happens in Guantanamo) coupled with the lack of habeus corpus and the right to legal representation have basically broken your status as a free country: lack of the last two can be thought of as the definition of a police state.
Then there is the fact that money is considered free speech. This, coupled with the lobbying industry (a whole industry dedicated to
And then there's the media, which has transformed from something which gives you the news to a spin delivery system. Face it: Clearchannel, the FCC and Fox have made it so that no scandal breakes which can hurt the people it is protecting. With all the crap going on Iraq, the Taiqan shitstrorm coming up, the mayor economic problems in the US, the failing education, the selection of convicted felons and suspected felons (Negroponte!) for high offices...and what's on t.v.? A single euthanesia story which the courts throw out. Which is rather remarkable, because it does three things: it gets Bush to finally 'appeal to his christian base' whilst at the same time (but then this is underreported on) he gets to push government interference on personal matters (and here's me thinking the Republicans where anti big gov'ment)...but more importantly, more pressing and important issues are just swept under the media-blanket.
So, yeah, I'd say your country is due for revolution. And I say that as a foreigner who thinks your foreign policy is shit and has made the world a much more unsafe place (meaning I have a much higher chance of getting blown up than I used to when I travel...but then, so few americans travel abroad that it doesn't really matter, does it?). But most of all I say it as foreigner looking a country where people shout 'freedom' and 'terror' whilst having the fear of god put into them by their leaders and their "put us on orange alert 'cos we're down in the opinion polls" and their freedoms curtailed (free-speech zone? WTF? PATRIOT ACT with no sunset clauses? Torturing a national policy? Curtailing free speech by selfcencorship and half million dollar FCC fines? Constant hints getting dropped that Roe v Wade is about to get dropped? Abstinance only programs over condom use? No sex-ed? Goddamn creationism over evolution?).
Really, you have no clue how bad your country is down the toilet if you think that "normal people running against career politicians" have any chance whatsoever nowadays. You need money and lots of it to even consider running...and that money can only be had by getting into bed with special interests in the US. Your democracy is broken...and if Diebold blackboxes are the tools by which you count your democratic vote, you
-- Waht? Tehr's a preveiw buottn?
Sign a petition and send a letter to your representatives easily using DownsizeDC.org.
If we let the large specialized interest groups and the multinational corporations control the flow of information in our society, then we will think and speak whatever they want us to.
It's already happened.
Free Speech was great in the 1700s, before we had companies controlling all the speech that enters our homes. These days, I'd prefer to focus on Free Thought.
Feel free to flame. Turn off the television and the computer first though.
Evidently his original tactic as head of the FEC was to implement policies to make campaign finance measures as ineffective and rarely-enforced as possible. Now since being successfully sued by representatives Shays and Meehan and ordered to shape up, he's taking the opposite tack and trying to enforce a too-broad view of the laws in order to make them look more onerous than they actually are.
The US government has always tried to subvert the Constitution and particularly the Bill of Rights, all the way back to the Sedition Act. Posting on /. saying "Waah, itz UNCONSTITUTIONAL!!" is all well and good, but the only thing that makes them stop is when we don't let the bastards get away with it. The idea that citing the Constitution will somehow magically make it all better is delusional. They will do as much as they can get away with. When they can't make us comply, and when we fight back, THEN they listen. The rest is just empty talk.
Get your teeth into a small slice: the cake of liberty
The viewpoint seems typical of how foreigners view Americans. You list dozens of ways in which our country (I'm an American) is "broken" and then allude to a conspiracy of the American media to protect the right-wing politicians of this country from the negative side-effects of their evil policies. You (and many others like you) seem to conclude that Americans are just idiots whose time is nearing an end...
Let me let you in on a little secret: Americans are quite aware of everything you think they ignorant of. Everyone knows about Guantanamo Bay and Iraqi prisoner abuse. Everyone knows that thousands of civilians have died in the Iraq war and that popular opinion of US abroad is in the toilet. Everyone knows that our school system could use some improvement (more on that later) and that everyone knows that the Patriot Act in some ways compromised civil liberties for security. Everyone knows that Bush's attendance record in the ANG was spotty and that Oh, and everyone knows that Republicans want to overturn Roe vs. Wade and prefer archaic sex education.
In short, Americans are well aware of all the issues that you seem concerned with, yet about half of them (myself included) disagree with you on just about every point. Did you ever stop to think that just possibly, it could be you foreigners who aren't getting a complete and unbiased representation of the issues as the pertain to American politics? Just a thought. I get my news from a variety of sources ranging in ideology from DailyKos and NPR to yes, Fox News. I am 100% confident that I have heard every shred of information that you have heard about American (and then some) yet I have come up opposite views. The selectiveness of the media abroad would explain a lot of your opinions, but there are plenty of Americans who feel the same way as you so there must be other factors as well. Obviously the culture plays a huge part in this as it is culture and morality and weight the importance of different facts to when forming a viewpoint. For instance, everyone I know thinks the actions of a handful of prison guards at Abu Ghraib were abhorrent - but that they were not more representative of Americans as a whole than the act of the 19 hijackers were representative of the Muslim world as a whole.
While I would love to waste my evening challenging each of your opinions point-by-point, I have a few pressing house chores so I choose just one: your comments about our educations system.
education: something which is fundamentally broken in the US (unless you have money) and which the government is in no hurry to fix ('no child left behind' is just making matters worse)
I don't know what you think No Child Left Behind actually does,... but there were virtually no critics of the law until the run-up to this last election. The states taking federal money for education for years with next to zero accountability. NCLB demands that the states actually demonstrate that federal funds are being spent well, by requiring student assessments, improving the quality of teachers and that school systems use "scientifically based research" for teaching methods. You show me any other federal program that doles out billions of dollars but doesn't require any sort of proof that the money is being used effectively. Schools that under perform are given increased funding.
Lots of people are resisting this law for a number of reasons. Obviously, poor performing teachers and administrators don't want to be assessed for fear of being (rightly) put out
"It takes considerable knowledge just to realize the extent of your own ignorance." - Thomas Sowell
http://www.nationmaster.com/
r i_ca p&id=OECD
Is a great stats page. A quick summary of several graphs (all per-capita, the only fair stat)
(UK + USA #/1000) (rankings based on OECD countries)
Burglaries
UK: 13.91 (rank 5)
USA: 7.23 (rank 11)
Murders
USA: 0.04 (rank 3)
UK: 0.01 (rank 15)
Murders with firearms
USA: 0.02 (rank 2)
UK: 0.00 (rank 16)
Total crime (including drugs+rape+assault) (all of which USA leads in vs UK)
UK: 86.04 (rank 4)
USA: 81.55 (rank 5)
http://www.nationmaster.com/graph-T/cri_tot_c
So it seems the USA leads in rape, murder, assault, drugs, and a few other categories. But somehow the USA is lower in "total crime", despite all this. How much you wanna bet a fair number of those "murders" are foiled robberies?
I would also like to point out that the differences in crime rate between US cities and US rural areas (where gun prevalance is much higher) is phenomenal. It's like comparing Mexico (high crime) with Finland (no crime).
People living in rural areas tend to own more guns, vote Republican (well, at least a 55% ratio do, compared w/ less than 20% in cities), and suffer fewer crimes.
The very fact that more people own guns means that it's less likely they'll need to use them (in the self-defence way).
(and since when was ANY police force effecient enough to deter crime....certainly not in the UK)
(and a side note: It is amazing how fast a convo here switches from 1st amendment to 2nd amendment. I wonder why that always happens)