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Bloggers Exempted From Campaign Laws

MaceyHW writes "The Federal Election Commission ruled today that the only online political activity subject to Campaign Finance Laws are paid advertisements on a third party site. Today's ruling extended the regulations to paid advertising as required by a 2004 Federal Court ruling, but explicitly exempted all other forms of online activity: 'For example, the rule says individuals can use union or corporate computers or other electronic devices for political activity, as long they do it on their own time and are not coerced to engage in such activity by the union or corporation. Bloggers would be entitled to the same exemption from the campaign finance law that newspapers and other traditional forms of media receive. "There will be no second class citizens among members of the media," [FEC Chairman Michael T.] Toner said.'"

34 of 230 comments (clear)

  1. Heh... by Otter · · Score: 4, Funny
    There will be no second class citizens among members of the media," [FEC Chairman Michael T.] Toner said.

    Poor Michael Toner -- you know half his emails get bounced by spam filters. He should change it to T0n3r.

  2. Thanks for the small favors by jmorris42 · · Score: 4, Insightful

    Of course the problem is that the question had to be settled by the FEC in the first place. It should be a no brainer, since after all; "Congress shall make no law...."

    I await the day when we get enough strict constructionists on the Supreme Court to reverse their previous bad decisions, sweeping away McCain Fiengold and most other 'Campaign Finance Laws' that aren't limited to mandatory disclosure requirements. And even those have to go eventually, after all why can't someone donate anonymously? Yes we voters should normally be highly suspiscous of a candidate funded anonymously but I can theorize situations where it might be acceptable.

    --
    Democrat delenda est
    1. Re:Thanks for the small favors by LordKazan · · Score: 4, Insightful

      You do not have a first ammendment right to give money to your candidate for the very reason that Money IS speech. The person with the most money has more of a voice, violating the right to equal representation of the other people in the district.

      Not all exercises of a right are protected exercises: if that exercise infringes upon the rights of others then it is NOT protected - and SHOULD NOT BE.

      The only way to remove the corporate-whore money culture from washington is to REMOVE ALL INDIVIDUAL FUNDING of Candidates. All money for an election should go into one pool, then all the candidates on the ballot should get an equal proportion. Want your candidate to be heard more? ok, but all the others have to be too - if your so convinced of the merits of your candidate than this shouldn't bother you at all.

      At the same time we should switch to instant-runoff voting, and completely open sourced Evoting machines with strict auditing of code, and voter-confirmed paper audit.

      --
      If you cannot keep politics out of your moderation remove yourself from the Mod Lottery.. NOW!
    2. Re:Thanks for the small favors by exi1ed0ne · · Score: 2, Insightful

      . . .the consititution does not forbid congress from making laws that say who can donate what to a political campaign.

      Just to be nit-picky. . . The Constitution is a document of enumerated powers. That means that unless it is in there, Congress can't do it. Nothing in Article I says anything about campaign financing, although it does list the trivial job of showing up one day a year. Coupled with Amendments 9 and 10, Congress just doesn't have the authority:

      Amendment IX

      The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

      Amendment X

      The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
      --
      Pessimists.net - as if life wasn't depressing enough.
    3. Re:Thanks for the small favors by amliebsch · · Score: 3, Interesting

      This is not really about giving cash to candidates. Even under your scenario: suppose all candidates are funded equally from a public pool. I, a private citizen, wish to dedicate my time and my checking account to persuading as many people as possible that candidate X is the best choice. Under your proposed system, is this permissible? Does it change if I encourage others to join me? If I encourage others to help me by volunteering? Help me with cash donations? What if I voluntarily do the bidding of the campaign manager? What if I try to guess what the campaign manager wants, and do it? What if I take money from the campaign?

      --
      If you don't know where you are going, you will wind up somewhere else.
    4. Re:Thanks for the small favors by wannabe-retiree · · Score: 3, Insightful

      "The person with the most money has more of a voice, violating the right to equal representation of the other people in the district."

      That's quite a stretch. When person A has more of something than person B, YES, there is inequality, but NO it does not mean that person B's rights are being violated. There's a difference.

    5. Re:Thanks for the small favors by thefirelane · · Score: 2, Interesting
      The only way to remove the corporate-whore money culture from washington is to REMOVE ALL INDIVIDUAL FUNDING of Candidates

      Wow, what a terrible idea. Like most attempts at regulating this, it won't change anything, just slightly alter the way its done. Under this system, expect to see ads like this:

      "Hi, my name is so and so, I personally enjoy extolling the virtues of candidate X.....virtue virtue virtue.... if you enjoy hearing me speak, please give me money.

      I think, however, it would be a good idea to clasify corporate campaign donations as 'commerical speech' since they have obvious commercial intents. Such speech can be regulated heavily.

    6. Re:Thanks for the small favors by vux984 · · Score: 4, Insightful

      All money for an election should go into one pool, then all the candidates on the ballot should get an equal proportion. Want your candidate to be heard more? ok, but all the others have to be too - if your so convinced of the merits of your candidate than this shouldn't bother you at all.

      What makes you think campaign contributors are convinced of the merits of their candidates? Quite the opposite is true really, most campaign contributors know full well that what they want from their candidate is in their own best interests, and not in the best interests of the people in general.

      Corporations in particular don't give a crap about whats best for the electorate. Their millions in donations are, first to convince a candidate to turn his back on the people, and second to win that candidate the election.

      They likely wouldn't contribute any money at all in your system... which might very well be a positive side-effect. But its important to realize that probably the vast majority of all contributions are to support a candidate who will represent the contributors private agenda -- not because they are convinced that if the public could be made aware of his merits that they would select him.

    7. Re:Thanks for the small favors by Jeffrey+Baker · · Score: 2, Insightful

      Here's the thing. On television and radio, you can buy advertising time to the exclusion of the other party. This makes television and radio unlike "speech". No matter how much you speak, you can't keep the other guy from speaking. And no matter how much bandwidth you buy for your website, you can hardly expect to keep the next guy from opening his website.

      Conclusion: Internet like speech. Television, radio unlike speech. Hence the reason the FEC regulates certain things and not others.

    8. Re:Thanks for the small favors by that_xmas · · Score: 2, Interesting
      The only problem with the system you suggest is that it favors the incumbents. Without cold, hard cash there is no way an unknown, but otherwise intelligent and capable person can run for a government office.

      For example, Vermont has a cap on spending in local government races. Part of that cap includes a mileage reimbursement rate for driving your own car. Therefore, candidates in statewide or even countywide elections can blow their spending cap simply by driving from town to town to meet the voters.

      Finally, money is not speech. Speech is speech. Money is money. By limiting how much money individuals can give to candidates you invite corruption instead of hindering it. In any case, political speech in support of a candidate is exactly the type of speech that should be most free. If I want to spend 10 million dollars to put ad in the media nationwide about how Presidential Candidate X slept with my sister, or shot my dog, or redirected money from a trust fund into his own company, HookersAndBlow Inc., I should be able.

    9. Re:Thanks for the small favors by spiritraveller · · Score: 3, Insightful

      I await the day when we get enough strict constructionists on the Supreme Court ...

      There are no strict constructionists on the Supreme Court and there never will be, because there is no such thing as a strict constructionist. When a judge thinks the text is ambiguous he makes a decision based on what he thinks is right. Sometimes, they will even do this when people disagree on whether the text is ambiguous.

      Scalia has done this. Thomas has done this. Rhenquist did it. Every single one of them has done it.

      So have fun waiting on your strict constructionists. You might as well wait for Godot.

    10. Re:Thanks for the small favors by dada21 · · Score: 3, Interesting

      I agree partially but mostly disagree with you.

      You do not have a first ammendment right to give money to your candidate for the very reason that Money IS speech

      Actually, money is time -- you get money when you save someone time in doing a service or providing them a product. The money they give you their time saved -- they received in doing the same thing for someone else. Rothbard's (free e-)book available here offers a simple explanation of what money is.

      Because money is my time saved, I should be free to use my time (or time saved) as I want as long as I don't directly use that time to harm someone's person or property. If I want to use my time saved ("money") to promote something, I should be free to.

      The difficulty I have with campaign finance laws is that they were written specifically to prevent me from using that time saved in the way I want to. They were written to keep both parties more powerful than the individual, and to also block any third party from using a smaller crowd of individuals to finance their elections.

      The biggest problem with government today is that it is too powerful, taking over rights left to the individual. When a government gets powerful, it attracts the time-saved ("money") from powerful individuals. It uses this over-broad power to harm the masses at the profit of the few.

      If you want to fix the system, you need to remove the powers they've taken against their Constitutional and ethical limits. Ridding Congress and the Executive Branch of their excessive powers will remove most people's desires to finance the elections in order to get favoritism-treatment (ie, cronyism).

      The idea of public funding is bad because there are other laws preventing most people from getting on a ballot. The problem is not the funding, the problem is the power given to the elected.

    11. Re:Thanks for the small favors by jmorris42 · · Score: 2, Insightful

      > You do not have a first ammendment right to give money to your candidate for the very
      > reason that Money IS speech.

      Wow, that is doublethink of a quality not seen (other than as deliberate satire) outside of Daily Kos. You admit that money IS speech yet somehow in the same breath claim that makes it speech NOT protected by the 1st Amendment. Sorry, if it is speech then "Congress shall make NO law...."

      Yes, some people, some causes, will have more money than other people or causes. Some political movements will have more wealthy donors within it, some will have more rabid volunteers, others will have famous people who can act as effective spokesmen for their causes. Yet so long as all are men[1] are equal before the law, all have but one vote and all may speak freely without fear of government reprisal then we have a free and fair political process.

      [1] The word 'men' as used here isn't meant to imply women don't have the same rights, just refusing to bow to political correctness and use tortured language constructs to get around English's historical artifacts.

      --
      Democrat delenda est
    12. Re:Thanks for the small favors by amliebsch · · Score: 2, Informative
      All your ideas are okay under the current campaign finance rules.

      No, they're not all okay, that's what McCain Feingold is all about! For example, you can make som kinds of independent expenditures (so-called "soft money"), but you can't coordinate with the campaign while doing so. Also, there are now limits to what you can do within a certain time period of the election, and so on.

      But to give unlimited contributions directly to a presidental canidate or political party is wrong.

      There are already laws that govern how much you can donate directly to a campaign (it's not a whole lot.) As for donations to the party organizations, why should giving money to them be different than giving money to any other private organization?

      --
      If you don't know where you are going, you will wind up somewhere else.
    13. Re:Thanks for the small favors by Jeffrey+Baker · · Score: 2, Insightful

      Your neat little worldview doesn't match reality. Neither side was "in power" when the regulations where passed. The latest and most significant restrictions were passed by a Republican-controlled House and Democratic-controlled Senate, signed by a Democratic President, and approved by a split Supreme Court.

    14. Re:Thanks for the small favors by gfxguy · · Score: 2, Insightful

      In practice you'll find that my fundamental assertion is correct for the overwhelming majority of cases.

      I can't think of any good examples of where someone's rights were infringed upon because someone else was, for whatever reason, able to excercise that same right more. Can you give me any real, relevent examples?

      --
      Stupid sexy Flanders.
    15. Re:Thanks for the small favors by jmorris42 · · Score: 3, Interesting

      > For example, confiscating land for "public use" is quite clear and is vastly different
      > than "private use that might ultimately provide some public good." It didn't take much for
      > 95% of the population to agree on that after the travesty that was the Kelo ruling.

      Actually Kelo was a good example of strict constructionism at work. The 'good guys', as opposed to the nimrods who yank new laws fully formed from their asses, on the court ruled against an outcome they clearly would have preferred and stuck to the law as written. The state constituition in question clearly permitted the action and the US Consitituition as a general rule only limits what the US Government can do. So they upheld the taking and noted that if the state laws were different they would have ruled differently, whereupon the outraged folks in the various states looked at their local laws and are in the process of making changes where needed.

      --
      Democrat delenda est
    16. Re:Thanks for the small favors by RexRhino · · Score: 2, Insightful

      And you need to learn what the definitions of totalitarianism and fascism are my very ingorant foe.

      Totalitarianism is a government that controls or regulates nearly everything in society. Most people think totalitarian means "bad", and that "I am not totalitarian, because I am not bad". But the term Totalitarian doesn't include any moral judgements. If you believe in a society where nearly everything is controlled or regulated by the government, you are totalitarian... you may percieve that the government regulation is going to make things more "safe" or more "fair", or bring about "social justice"... but those who want a highly regulated society are totalitarians, plain and simple. You can explain why your form of totalitarianism is "good", but please don't pretend not to be totalitarian.

      You might not be "Facist" in the strict sense of the word "Facist", because true Facism in the strict sense of the word died after WWII. But in general speech, Facism is used to describe authoritarians, totalitarians, or other people with views of extreme state control. So, technically you are not a Facist according to the strict dictionary definition, but you agree with facists that we should trust the government implicitly to regulate political speech and support.

      You do not have the right to buy the favor of your representatives and thereby disenfranchize your fellow man

      I have every right to support any candidate I want, in any way I want, so long as the resources I am using are mine. If I want to endorse a politician in my blog, or give a politician my own personal money, that is absolutly my right, without question. The government has no right to tell me what causes I am and not allowed to donate my time, voice, or money to, and which ones I am not.

      The thing that will disenfranchize my fellow man is when the government has total control over what resources candidates recieve, as you advocate. For your vision to work, the government would have to be absolutly impartial and uncorrupt in how it distributes candidate resources. Do you trust G. W. Bush, and a Republican Congress, and a Republican Senate, to have the sole responsibility for deciding who gets what campaign resources? Are you telling me that a party, if it was in power, could be trusted to fairly distribute financial support to it's rivals? Come on man. Government control of campaign resources is a one way ticket to dictatorship.

    17. Re:Thanks for the small favors by spiritraveller · · Score: 2, Interesting

      The state constituition in question clearly permitted the action and the US Consitituition as a general rule only limits what the US Government can do. So they upheld the taking and noted that if the state laws were different they would have ruled differently ...

      The US Constitution is a "baseline" as far as rights go. State constitutions can provide more protection for individual liberties, but they cannot reduce the protections that the Federal constitution provides.

      For over a hundred years, the 14th Amendment has been interpreted to apply almost all of the first ten amendments to the states. The Supreme Court would not have even decided the case if it were based entirely on state law. Kelo is a case where the Court interprets the Fifth Amendment as it applies to and limits a city government (a unit of the state).

      You ought to read the case before speculating on the Court's rationale.

  3. Let me be the first to say... by TopShelf · · Score: 2, Funny

    My /. journal is hereby wide open for political discourse, with articles sold to the highest bidder! You want a heartfelt piece on the passion in "Compassionate Conservatism", or a call to arms to support the interests of your favorite disenfranchised minority through progressive legislation? Just open the checkbook and we'll work something out. No job too big, no job too small! Order today!

    --
    Stop by my site where I write about ERP systems & more
  4. Misleading tone by kherr · · Score: 4, Informative

    The tone of this post is misleading, making it sound like bloggers (online sites, actually) get special privilege. Nothing is farther from the truth. The FEC decision is that the internet community is to be held to the same standards as traditional media. This is a great thing, I just hope it holds. The FEC commissioners now get that the internet is just another media outlet, like print or television. In fact it is more egalitarian; the corporate owners of Gawker Media (for example) can't dictate the political bent of internet content the way News Corp. (FOX) or GE (NBC) can with their large-scale dominance of the limited bandwidth of television. There are hundreds of thousands of web servers on the internet, but only a few hundred broadcasters on both over-the-air and cable television.

  5. Wait a minute! by houstonbofh · · Score: 2, Funny

    A politician / government employee used an ounce of common sense? This IS news!

  6. Horn-tooting by Rydia · · Score: 2, Interesting

    I see a lot of triumphalism around the "blogosphere" about this... talk of the "netroots" and all those wonderful keywords, and how they changed the world.

    This went through because to turn it down made absolutely no freaking sense. That's it.

    I just don't get how they ALL can be drinking the kool-aid at once. You raise money for candidates. Woo! So does the phone, and dinners, and direct mail. But this is faster? Okay, it's more efficient and well-targetted. Does that give you political power? Maybe?

    No, it doesn't. Your audience is far too diverse, and while you may come together to raise money for someone, that doesn't mean you can even get a coherent message together to send that person, just that he's some kind of internet darling. Maybe a consultant job for the blogger, but what did the blogger do, really? Rant a bit, host a website, and find the right words to get people pissed off enough, usually. Difficult? Undoubtedly. But politically savvy? No. Just smart business sense and a dash of rancor.

    I keep seeing all these wonderful, starry-eyed monologues about how the internet will forever change the way politics is run, how it'll cure all ills and eventually (of course), those bastards that disagree with you will be the first against the wall when the revolution comes. That isn't the sound of politics, because these people aren't politicians. It's the sound of religion- except now the religion is political invective.

    So, bloggers, great job. You succeeded in being the beneficiaries of the obvious and poking around a confused media because you're both shooting so hard from each side it has no idea what it can do. You've become gatekeepers to an enormous cash cow, but don't have the real clout to keep the floodgates closed, because there're enough important blogs that it doesn't take any sort of agreement or platform between them to give a candidate exposure. But, above all, you're creating little bubbles filled to the brim with a kind of group-mind, perfectly separated from true opposing viewpoints with a powerfully whispered "troll." Very soon the political blogs will either fall into two groups: shrill hive-like structures and unknown policy wonks, on both sides. You can't create a shining future when you're using all your might to run towards the inoperative, rotten present.

  7. Intrusive vs non-intrusive by bagsc · · Score: 4, Insightful

    If you choose to go to a website, that's your choice. If they have a beowulf cluster with more bandwidth than God, with 100 live video feeds 24/7 for one candidate - you're choosing to go there, and it's not intruding on you. I don't care how they raised the money for it. IMHO, it's like visiting a campaign headquarters. That's public information.

    And if I see one damned ad on TV, I want tougher regulations. That's intrusive. Like all this damned political spam. One deserves to be unregulated and one deserves to be banned.

    Furthermore, if the RNC wants to have its own cable TV station (*coughox*) that it pays for, and the DNC wants one too, I don't see a problem with any amount of spending on that. As long as you can block those channels to prevent your kids from watching that trash...

    --
    http://www.accountkiller.com/removal-requested
    1. Re:Intrusive vs non-intrusive by RexRhino · · Score: 3, Insightful

      And if I see one damned ad on TV, I want tougher regulations. That's intrusive. Like all this damned political spam. One deserves to be unregulated and one deserves to be banned.

      TV ads are no more intrusive than web pages. You do not have to watch stations with commercial advertisments if you dont want to. You could watch cable stations without commercial advertisments (or, ones that don't accept political adverts)... you could watch DVDs, etc. Throwing out the Bill of Rights because you don't like TV ads is a little extreme (the Bill of Rights makes no exceptions for political advertisment, and while things like pornography might be debateable there is no debate whatsoever that the First Amendment was supposed to cover paid political advertising. Paid political advertisments are political speech and undebatably protected by the First Amendment.)

      The real danger when it comes to political propoganda is public education, not TV commercials. It really is debatable if TV commercials are all that effective. But no-one can deny the effectiveness of the public school system in molding political thought and changing political beliefs... and in most places, public education is compulsary, unlike TV ads.

  8. The real problem by XanC · · Score: 2, Insightful
    Everybody's complaining about you being a Utopian-ist (ugh, sorry) for suggesting this, and that it would quickly degrade into simple bribery. Maybe they're right, but that doesn't change the fact that campaign finance laws are unconstitutional, plain and simple.

    But the real problem is the federal government itself. The Founders didn't raise this issue because they set up a system where the states delegated a few, specific tasks to the federal government. It didn't (and shouldn't) matter who holds office, particularly, as long as he's competent to do the job.

    Today, when the federal government takes power and treasure from us whenever it wants, recognizing no limits to its own authority, it does matter. And that's the problem.

  9. Isn't it obvious why blogging is exempt? by Mance+Rayder · · Score: 2, Insightful
    Campaign finance laws were put into place to keep the playing field even. When the issue of others campaigning on candidates' behalfs arose, such as PACs, laws were put in place against "soft money" advertising, on the same principle -- no one candidate should be able to outshout the other by commandeering the limited number of media available.

    But there's now an unlimited number of resources available for speech. Let one party open as many blogs as they want to open, it won't stop the other party from opening their own and letting their positions be heard. Unlike television or radio, the audience isn't bound to a limited number of channels, and thus can't be dominated by any single party.

    This is a good move by the FCC. I'm torn on the issue of CFR over traditional mediums, but only because my inner libertarian can't stomach regulation of free speech and my inner citizen is sick of watching politicians elected by the size of their war chest than the quality of their performance. This isn't an issue on the Internet (yet... wait until election year banner ads), and in no way does regulation have any place there. Again, bravo, FCC. About time.

  10. Re:Great Chance for Bill O'Reilly Being President by HTTP+Error+403+403.9 · · Score: 3, Insightful
    One of the most popular choices for president, among the blogger community, is Bill O'Reilly. He has a populist mindset, not a conservative one.

    With the easing of restrictions on blogging in support of candidates, the bloggers will be out in force in 2008. O'Reilly has a good chance of becoming president if the damned leprechaun would just join the damned race.

    What would his party platform be?

    A hand on every (yah-yah), a vibrator in every (woo-hoo) and a falafel in every (meow)?

    --
    I'm not a Troll, it's reverse psychology.
  11. Not gonna happen. by MsGeek · · Score: 3, Funny
    --
    Knowledge is power. Knowledge shared is power multiplied.
  12. Value of blogs by typical · · Score: 2

    Well, that's one rather pessimistic way to look at it.

    I think that having more blogs is pretty much inarguably a good thing. Up until now, media didn't really approximate much of a free market. You can't compete with CNN because they have deals and control many of the channels to viewers.

    However, if you start writing a decent blog, it's easy for various people to try to evaluate how useful your blog is. Google does this sort of thing for webpages already, and I would expect techniques to only become more advanced. Of course, maybe you can subvert various "reputation evaluating" services, but there is a low barrier to entry in this world. If Altavista starts to suck, Google can easily displace them.

    So now you have radically reduced the barrier to entry into the media world, and you have systems for evaluating the worth of that media that will only become better.

    I agree that things will not magically and instantly become perfect. There will be loopholes, and those loopholes will be exploited. There will be *many* years of ideas and improvements to come, and many unforseen problems that will have to be addressed. But I believe that the blog world has the potential to become far more valuable a source of information than the traditional media companies have been.

    --
    Any program relying on (nontrivial) preemptive multithreading will be buggy.
  13. Re:Sovereignty by XanC · · Score: 2, Insightful
    It was ratified by the states, by a vote of each state's citizens. Citizens of several of the states later voted to leave. What's the problem?

    I can accept that you and I disagree about this. But how do you justify coming down and trying to kill me over it?

  14. Re:Sovereignty by XanC · · Score: 2, Informative
    Okay, now I know you're full of it.

    The South offered to pay full compensation for all federal facilities with its borders. Lincoln and Seward strung them along for weeks, all the while planning to force the issue at Sumter in order to provoke war. Sure enough, in the middle of negotiations, an armed naval convoy shows up, in violation of all the promises Seward had made.

    So the South took the fort. Shots were fired. Zero Yankees were killed. They were all allowed to return home, and did so.

    Even after the event, and in fact throughout the war, the South was looking for peace and to buy out the federal presence in the region.

    maybe we can work something out. You try to kill me while we're making a deal, well then, prepare to fight, hombre.

    Looks like the shoe's on the other foot here.

  15. Re:Great Chance for Bill O'Reilly Being President by aichpvee · · Score: 2, Insightful

    I don't know, but the debates would be legendary. He'd probably turn all red in the face and start shouting, "cut his mic!"

    --
    The Farewell Tour II
  16. You're missing the point by Ungrounded+Lightning · · Score: 2, Insightful

    The problem with McCain Feingold is that it puts a major crimp in the activity of voluntary grass-roots-funded political organizations while leaving billionaires (who can afford to set up the whole operation) and unions free to spend as much as they want. It cripples ad-hoc organizations, hobbles large ones, and puts the power of the mainstream advertising machine in the hands of a small elite.

    Which is PRECICELY what it was intended to do.

    The importance of this decision is that it blocks the law from doing this on the internet - preserving the disruptive influence of the net's transfer of power into the hands of individuals.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way