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The Grassroots Blogging Provision's Real Purpose

ICantFindADecentNick writes "The Register carries a report on the defeat of Section 220 of the reform bill (the grassroots provision). In an all-too-familiar scene, bloggers, Slashdot readers and several news outlets were taken in by the hype surrounding a provision in the Senate ethics reform bill that would have required grassroots lobbying firms to register with the US Congress. To be fair, some commenters did see through the deception but the campaign, organized by Richard Viguerie, still succeeded. From the article: 'Viguerie, for those not familiar with the tarnished panoply of backroom players in American politics, pioneered the use of direct mail techniques for conservative causes, and has been called the "funding father" of the modern conservative movement. His ad agency currently handles direct mail campaigns for non-profits seeking to stimulate grassroots activity or raise funds from the general public.'" This is, of course, The Register. Still interesting to look back at the news from another point of view.

227 comments

  1. This is, of course, The Register? by mingot · · Score: 5, Funny

    Only a bastion of fine news reporting like slashdot can say something like this without sounding pretentious.

    1. Re:This is, of course, The Register? by Anonymous Coward · · Score: 1, Insightful

      You can be standing up to your neck in crap, but you're still entitled to point out that someone else also smells.

    2. Re:This is, of course, The Register? by gumbi+west · · Score: 2, Insightful

      yeah, I don't understand. I guess he's saying that, "We went for it hook line and sinker and they did the equivalent of RTFA and now know what it really says, but I still think there not very good at reporting." Or is it supposed to mean something else?

    3. Re:This is, of course, The Register? by quokkapox · · Score: 1
      This is, of course, Zonk

      This is, of course, quokkapox

      Wait, what? Who am I?

      Stack overflow, too many avatars.
      --
      it's a blue bright blue Saturday hey hey
    4. Re:This is, of course, The Register? by Anonymous Coward · · Score: 0

      To be fair, they are talking about The "We Make Shit Up" Register. They're The Sun of tech reporting. Even digg can look down their noses at The Register.

    5. Re:This is, of course, The Register? by Larry+Lightbulb · · Score: 1

      Can you point out the news stories which The Register has made up?

    6. Re:This is, of course, The Register? by Anonymous Coward · · Score: 0

      Can you point out the news stories which The Register has made up?

      If they made up a story like "The Register Makes Up News Stories," I'm pretty sure something would vanish in a puff of logic.

    7. Re:This is, of course, The Register? by dantheman82 · · Score: 1

      It's easy for them to say in the UK at the Register? They obviously don't understand the angst of those who could lose their 6-figure jobs astroturfing. The irony could be that influential Senators have people supporting them...who supported this campaign in order to help lobby for the Senators who nixed the provision...

      --
      This sig donated to Pater. Long live /.
    8. Re:This is, of course, The Register? by operagost · · Score: 2, Insightful

      Insightful? When your own integrity is compromised, that's the worst time to point the finger at anyone. Speck, eye, log... ring a bell?

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    9. Re:This is, of course, The Register? by pubwvj · · Score: 1

      No matter how you slice it Section 220 was badly written and an abridgment of our freedom of speech. I understand what they might have been attempting, if we give them the benefit of the doubt, but killing off the astroturfing can be done without killing the grassroots. Section 220 did it all wrong and I'm glad Amendment 20 killed it. I am ashamed of my Vermont Senators for voting Naye on it. Bad boys.

  2. Hooray for "editors"! by Goaway · · Score: 5, Insightful

    "Look back"?

    People were screaming about the whole thing being a complete fabrication each time it was posted on Slashdot. You could have just, you know, read the comments?

    1. Re:Hooray for "editors"! by bockelboy · · Score: 4, Insightful

      I was screaming that it was a fabrication last time it was on Slashdot, but that didn't stop twice as many people from posting that I was completely wrong.

      It only takes a bit of blood to turn it into a free-speech orgy, even if the law was well-within the limits of free speech as the Supreme Court has put into place.

      Just for reference, political statements (i.e., burning the flag, ranting on your blog) are heavily shielded by the First Amendment. Political statements paid for by a campaign to get someone elected are NOT heavily shielded by the First Amendment. The Supreme Court has upheld that fact again and again.

    2. Re:Hooray for "editors"! by Anonymous Coward · · Score: 1, Interesting

      Just for reference, political statements (i.e., burning the flag, ranting on your blog) are heavily shielded by the First Amendment. Political statements paid for by a campaign to get someone elected are NOT heavily shielded by the First Amendment. The Supreme Court has upheld that fact again and again.

      They have? Cite one example.

      The Federalist Papers were funded by quantifiable donations (either by newspapers donating space to print them or by people donating money to distribute them) and they were used to promote political change. Would they not qualify today for 1st amendment protections?

      "Congress shall make no law..." means Congress shall make no law.

    3. Re:Hooray for "editors"! by geoffspear · · Score: 2, Interesting

      Who exactly were the Federalist Papers trying to get elected again?

      --
      Don't blame me; I'm never given mod points.
    4. Re:Hooray for "editors"! by Anonymous Coward · · Score: 0
      You could have just, you know, read the comments?
      Whoa. One step at a time.

      First we try to get the editors to read the summaries, then the articles, and only after they have that down do we try to get them to read our comments. You're like skipping at least two steps.
    5. Re:Hooray for "editors"! by Krow10 · · Score: 2, Informative
      Who exactly were the Federalist Papers trying to get elected again?
      Not a who, but the Federalist Papers were written to influence people to support the Constitution. Likewise, the Antifederalist Papers were written to influence people to oppose the Constitution. They were written anonymously, under the pseudonym "Publius" for the Federalist Papers and "A Farmer" and "An Observer" among others for the Antifederalist Papers, though some of the Antifederalist Papers were attributed.


      Cheers,
      Craig

      --
      Corollary to Clarke's Third Law: Any technology distinguishable from magic is insufficiently advanced.
    6. Re:Hooray for "editors"! by Dan+Slotman · · Score: 1
      In the initial discussion I made the point that any censorship is bad censorship, and I stand by that. A lot of people seem to feel that they got "taken" by political gaming, but disliking paid grassroots campaigns doesn't justify censorship. Don't be confused by where parties have drawn up their battle lines. Think for yourself.

      From my original post:
      Unopposed distribution of political speech, including the distribution of political pamphlets, has always been legal. At the very least, this law will cause a "chilling effect" on political bloggers, paid or otherwise. At its worst, it could rob our generation of our Johnathan Swifts, our Thomas Paines, and our James Madisons, all of whom published political pamphlets anonymously or under a pseudonym. Certainly this law would not prevent anonymous contributions to political thought, but my point is that political speech should not be infringed, regardless of its motivation. Stopping FUD is not worth sacrificing unopposed free speech.

      (James Madison was one of the authors of the Federalist Papers.)
    7. Re:Hooray for "editors"! by Goaway · · Score: 1

      I am forced to admit that I may have been overly optimistic.

    8. Re:Hooray for "editors"! by Goaway · · Score: 1

      So, the law does not apply to the anonymous political speech you reference, nor to political speech not produced as part of a paid-for campaign, and actually does not forbid any speech.

      What was your point, again?

    9. Re:Hooray for "editors"! by falsified · · Score: 3, Insightful

      Where's the censorship? Registering as a lobbyist sure as HELL doesn't restrict access or speech. All it does is label you as what you are. That's like saying states that ask for party identification when you register to vote are keeping you from voting.

      --
      HI, MY NAME IS ISAAC.
    10. Re:Hooray for "editors"! by 0123456 · · Score: 1

      "Registering as a lobbyist sure as HELL doesn't restrict access or speech. All it does is label you as what you are."

      So on that basis, there's no problem with requiring people to register before they make personal statements about politicians, or requiring them to register before they post to the web, or requiring them to register before they say anything to anyone?

      'Registration' is censorship through the back door, and can and will be used to punish those who disagree with the government. Surely that's not so hard to understand?

      I have no love for political lobbyists, but the only way to have free speech is to have free speech; saying 'some kinds of speech are more equal than others' is absurd.

    11. Re:Hooray for "editors"! by cascadingstylesheet · · Score: 1

      Just for reference, political statements (i.e., burning the flag, ranting on your blog) are heavily shielded by the First Amendment. Political statements paid for by a campaign to get someone elected are NOT heavily shielded by the First Amendment.

      Why?

    12. Re:Hooray for "editors"! by Dan+Slotman · · Score: 1

      Words from one source should not be treated differently than if they came from a different source.

      Registration becomes a tool for censorship when a blogger has to show (in court) that they do not fulfill the qualifications for requiring registration. It becomes a tool for censorship when the paperwork for registration can be slowed. Most importantly, it becomes a tool for censorship when a blogger has to think about whether their thoughts can be legally posted. Speech should be completely un-infringed so that any sort of comment is impeccably legal, regardless of context or origin.

    13. Re:Hooray for "editors"! by nasch · · Score: 2, Insightful
      I have no love for political lobbyists, but the only way to have free speech is to have free speech; saying 'some kinds of speech are more equal than others' is absurd.
      Personally, I'm very glad we have different kinds of speech. I'm glad companies aren't allowed to lie to me in their ads or packaging, for example.
    14. Re:Hooray for "editors"! by hauntingthunder · · Score: 1

      Yes but the law had it been passed would have been used at some time in the future to attack your oponants blog.

      It happened with the Anti Stalker laws in the Uk - they have been used to harrass Politcal protesters.

      As can be seen here

      And pre WW2 Anti Blackshirt laws where used against Tradeunions

      --
      You will never get to heaven with an Ak 47... But A Zu 30 is good for Low Flying Cherubim
    15. Re:Hooray for "editors"! by RyoShin · · Score: 1

      But that would require Slashdot editors to read their own website, the articles that are submitted, or even edit the articles submitted.

      It's so much easier to just hit "post to main page in X minutes" and then go back to reading Something Awful.

    16. Re:Hooray for "editors"! by RexRhino · · Score: 1

      Political statements paid for by a campaign to get someone elected are NOT heavily shielded by the First Amendment.

      NO!!! Absolutly wrong! ALL political statements are freedom of speech! All of them! Unconditionally! Otherwise it isn't freedom of speech. Supreme Court be damned, these are the same people who say it is Constitutional to send people to Gitmo for life without a trial.

      If you support the regulation of political statements, you are against freedom of speech. Period. End of story. You are against freedom of speech! Period. End of story!

    17. Re:Hooray for "editors"! by Anonymous Coward · · Score: 0

      Who exactly were the Federalist Papers trying to get elected again?

      The President, the Vice President, and every single member of the Congress of the United States.

    18. Re:Hooray for "editors"! by shadowbearer · · Score: 2, Informative

      Advertising/packaging != free speech

        you're comparing apples and oranges there

        (of course companies DO lie in their advertising and packaging quite often, just in ways that aren't easily discernible)

        SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
    19. Re:Hooray for "editors"! by nasch · · Score: 1
      Advertising/packaging != free speech you're comparing apples and oranges there
      Yes, they're different kinds of speech. They should be regulated differently. I was pointing out that paid speech tends to have limits put on it. One example of those limits was this amendment requiring paid political bloggers to register. Another limit is on lying in advertising. Another is disclosure rules for political ads. Many of these limits have good reasons and IMO positive effects, and I don't agree with the position taken by many in this debate that no speech should be limited, ever.
    20. Re:Hooray for "editors"! by shadowbearer · · Score: 1

      I don't think one could consider packaging "speech". Sure, the hype on it may be - but I agree that product packaging should be regulated at least enough to keep the manufacturers semi-honest (pretty much where we are now).

        Most, if not all, advertising contains one sort of lie or another, even if subtle. If it didn't, what would be the point? It'd just be info dump, not advertising, right? I mean the whole idea is to convince your audience that your product is better - but one can always find someone to say that, paid or not. Advertising is deceptive bullshit aimed at convincing ignorant people to buy your product. The real shit about any product is spread thru objective reviews and word-of-mouth.

        I'm sorry, but I can't really consider advertising "speech", either. Certainly not in the sense we are talking about here. We may be talking parallel, there.

        As to grassroots/paid political blogging - ask the IRS. If the org/blogger is getting paid over the table, it'll show up there. Tax them for it (maybe under consultant status or something). If they are showing more income than they report, well, then it's the IRS's problem, isn't it?

        No, that won't stop paid astroturfing. Stopping it completely is impossible in a free country. But it's a lot better way to do it than passing Another Fucking (unenforceable) Law that requires yet more government employees.

        There has to be *some* limits on speech, just as few as possible - and it's probably better to let the "paid blogger" problem sort itself out (let the "blogosphere - the internet - manage itself), over the long run. Regulating it *specifically* just opens the door to more restrictions and more tax money being spent on something that'll do more damage than it "repairs". Bah :)

        Cheers,
      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
    21. Re:Hooray for "editors"! by cas2000 · · Score: 1

      > If you support the regulation of political statements, you are against freedom of speech. Period. End of story.
      > You are against freedom of speech! Period. End of story!


      bullshit.

      "regulation" is a different word from "prohibition", and different again from "limitation" and "restriction".

      i'm 100% pro-freedom of speech, against censorship of ANY kind but i'm also very much in favour of regulation of political statements - i.e. having regulations that require identification of who has authorised and who has paid for the political statements. that's NOT the same thing as limiting what kind of speech is allowed or punishing people for saying unpopular/inconvenient things, it's just informing the public who is behind the message, so they can make their own conclusions about bias or ulterior motive.

      blogging has long been defined in my personal dictionary as "blog: an astro-turfer's wet-dream".

    22. Re:Hooray for "editors"! by RexRhino · · Score: 1

      "regulation" is a different word from "prohibition", and different again from "limitation" and "restriction".

      Free, by definition, means without regulation or restriction. By definition, if you support regulating speech, you are against freedom of speech. It is only freedom of speech, if it is absolute or unconditional. Period. End of story.

      No one should have to reveal anything, or justify anything, or report anything, or licence anything, in order to speak their mind. People should be able to promote any political idea, when they want, how they want, for who they want, and the facists like you should keep your evil hands out of it!

      If I have to fill out a form to get freedom of speech, I don't have speech. If I need a licence to run a blog, it means the government can revoke my licence if it doesn't like what I say, based on some obscure technicality. Screw that!

    23. Re:Hooray for "editors"! by nasch · · Score: 1
      I don't think one could consider packaging "speech"... I'm sorry, but I can't really consider advertising "speech", either.
      How is that not speech? It's words used publicly to communicate something from one entity to another. We know "speech" can be written or in other forms as far the 1st amendment goes, so I don't get where you're coming from.

      No, that won't stop paid astroturfing.
      Nobody is trying to stop it. The legislation was intended to clarify what is paid astroturfing, and what is simply opinion.

      There has to be *some* limits on speech, just as few as possible - and it's probably better to let the "paid blogger" problem sort itself out (let the "blogosphere - the internet - manage itself), over the long run. Regulating it *specifically* just opens the door to more restrictions and more tax money being spent on something that'll do more damage than it "repairs".
      Could be. I'm thinking the amendment would have been a good thing by lending more transparency, but I don't have a very strong opinion about it.
    24. Re:Hooray for "editors"! by cas2000 · · Score: 1
      Free, by definition, means without regulation or restriction. By definition, if you support regulating speech, you are against freedom of speech. It is only freedom of speech, if it is absolute or unconditional. Period. End of story.


      you know, not everyone agrees with your fuckwit's definition of freedom. without restriction, certainly. without regulation is just bullshit that simpletons like you think is an essential requirement.

      No one should have to reveal anything, or justify anything, or report anything, or licence anything, in order to speak their mind. People should be able to promote any political idea, when they want, how they want, for who they want, and the facists like you should keep your evil hands out of it!


      if you're a lobbyist, then you certainly should declare your bias.

      if you comment on any issue in which you have a financial or other interest, then you should also declare your interest.

      your audience has a right to know what possible biases you have. failing to declare them is lying.

      If I have to fill out a form to get freedom of speech, I don't have speech. If I need a licence to run a blog, it means the government can revoke my licence if it doesn't like what I say, based on some obscure technicality. Screw that!


      yes, yes, get hysterical about absurdly exaggerated scenarios. with luck, nobody will notice that your scenarios are just made up bullshit and may end up being convinced by your shrill bleating.

    25. Re:Hooray for "editors"! by RexRhino · · Score: 1

      yes, yes, get hysterical about absurdly exaggerated scenarios. with luck, nobody will notice that your scenarios are just made up bullshit and may end up being convinced by your shrill bleating.

      It isn't absurd... it happens every day. The government creates overly elaborate rules, that virtually no-one can follow, and then politicians see to it that the rules are only enforced on people it doesn't like.

      For example, a black person drives through a lilly white suburb... the cops stop him and give him a ticket for going 2 miles an hour over the speed limit... or not stopping long enough at a stop sign... or having a burned out tail light... and when they give the ticket, they call for backup, search his car, and give him the 3rd degree to keep him out of the neighborhood. Technically, they are doing everyone 100% according to the law, and not doing anything racist, but everyone knows they don't treat white people the same way and are using the laws to enforce de-facto segregation. Do you deny that this happens EVERY SINGLE DAY ALL OVER AMERICA???

      Or, a rich developer wants a peice of valuable real estate in order do a very lucritive development project. Unfortunatly, the land is currently occupied by working class families, who have lived in the neighborhood for generations. The developer talks to the major and the city council, and the city counsel votes to declare the area a blighted community, which allows them to take the houses at a fraction of the value and give them to the developer, and the developer makes a big donation to the mayors re-election campaign. Do you deny this happens TIME AND TIME AGAIN IN AMERICA?

      Or, there is a city, and more and more of the local resteraunts are non-white ethnic resteraunts. The local residents want to get rid of ethnic minorities, so they pass a law that says all buisnesses that recieve too many complaints about "bad smells" get shut down by the city. The residents then file smell complaints on all the non-white owned buisnesses, and pretty soon a multicultural establishments are run out of town and only white-owned buisnesses exist. Technically, according to the law, the city didn't discriminate. All they did was enforce the smell complaint ordinance, in a completly non-biased manner. After all, who could complain about a law to limit bad smells! Do you deny that this happened? (In this specific case, it happened in Canada, but I am sure it could just as easily happen in the U.S.)

      Or, how about this... The Republican governor wants to win re-election. The governor decides to send the state police to patrol outside the voting stations in mostly poor, black, areas that vote primarily democratic. The state police pull people over, harrass people, arrest people on small insignificant infractions like j-walking and unpaid parking tickets. Technically, the police are simply enforcing the law. They are not falsly accusing anyone of breaking the law. All the arrests are 100% legit. But we all know what the real intention is! Do you deny this has happened many times in the U.S.?!?!?

      So, let me give you an entirely realistic scenario. There is a site that is very critical of G.W. Bush, and the Iraq war. The Republicans want to shut down the site. So they get the F.E.C. to investigate the site, sieze records, sieze computer servers, and to go over every legal document they can. If the blog owners have made the slightest mistake anywhere in their paperwork, forgot to delcare a $10 donation at any time in their history, accidently made a statement about an election within 30 days of an election... they go to jail. And even if they have somehow managed to comply with 10,000 pages of election laws absolutly perfectly (which is completly unlikely), it will take years and hundreds of thousands of dollars in legal fees to defend themselves in court!

      The scenario I give above is not exasurated or imagines. It was actually the Republican strategy to try to shut down moveon.org. Fortunatly, idiot facists like you have thus far failed to extend

    26. Re:Hooray for "editors"! by falsified · · Score: 1

      Not really. Lobbyists are marketers. They're not speaking for speech's sake, or (in the case of Abramoff's actions, among others) they're not even acting in defense of their political beliefs. If the FEC didn't have jurisdiction over this matter, then the FTC would.

      --
      HI, MY NAME IS ISAAC.
  3. right... by moerty · · Score: 5, Informative

    This is, of course, The Register. Still interesting to look back at the news from another point of view. submitter makes it seem almost wistful that he and a bunch of other tards were taken in hook line and sinker when all they had to do was read and see what was really going on. it also makes me wonder how many posters here are paid shills of a misinformation campaign although as they say, "don't attribute to malice what is perfectably explainable by stupidity."

    1. Re:right... by Lord+Bitman · · Score: 1

      next week we'll be reading a story about how the story about how the other story was crap was crap :)

      --
      -- 'The' Lord and Master Bitman On High, Master Of All
    2. Re:right... by Anonymous Coward · · Score: 3, Interesting

      "it also makes me wonder how many posters here are paid shills of a misinformation campaign"

      Well, those are exactly the people this bill would have regulated, so it seems pretty likely that they do exist (here and on most large forums).

      A lot of Americans have been living in a fantasy world lately, where the rich and powerful are there to do good and benevolently oversee us plebes. If they open their eyes, though, they'll see commercial databanks whose sole purpose is to spy on us and sell whatever is discovered, a government which purchases this data in order to bypass laws against domestic spying, and a gargantuan propaganda machine which convinces everyone it's no big deal -- in fact, convinces everyone it's necessary. It would be downright naive to think that Slashdot is immune to the same sorts of underhanded marketing tactics.

    3. Re:right... by cascadingstylesheet · · Score: 1

      submitter makes it seem almost wistful that he and a bunch of other tards were taken in hook line and sinker when all they had to do was read and see what was really going on.

      'tards'?

      Yes, obviously they lack your intelligence and discernment ...

    4. Re:right... by Anonymous Coward · · Score: 2, Insightful

      Just to qualify, if you managed to trawl through that mangled shitfest that the parent calls the English language, he actually makes a good point.

      Slashdot is hardly in a position to put on a haughty tone and shout "Oh, well, this is The Register", when their own reporting is based on whatever rabid drivelling the latest basement-bound, freedom-clinging, frothing, mouth-breathing Linux zealot submits to the editors. They're too stupid to fucking notice anyway. It's nice and easy to run a news site when all you have to do is write 10 words of your own bias-ridden shit every other story to keep it ticking over.

    5. Re:right... by Anonymous Coward · · Score: 1, Funny

      You shill....

    6. Re:right... by Macthorpe · · Score: 2, Funny

      To be fair, he might have the English skills of a squashed beetle but he does have a point...

      --
      "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
    7. Re:right... by ZachPruckowski · · Score: 4, Interesting

      Yes. I was actually in a position in which I was quoting and citing large sections of the bill, only to have people dispute that that was what the bill said, despite my source being the Library of Congress. Some stupid astroturfer's press release was given as large, if not larger, a sway as THE ACTUAL BILL.

    8. Re:right... by Anonymous Coward · · Score: 0

      If only I could find a corporation that agreed with me, I'd be set.

    9. Re:right... by thePowerOfGrayskull · · Score: 1

      I saw that as well; one person quoted the actual text of the bill, only to have respondent quote another blog interpretation at him. I tried similar postings of actual bill text with explanation, but the groupthink washed it away.

    10. Re:right... by nasch · · Score: 1
      'tards'? Yes, obviously they lack your intelligence and discernment ...
      Right, clearly nobody with intelligence or discernment would ever use... slang. Yeah.
    11. Re:right... by RexRhino · · Score: 1

      Yes, because we all know that the First Amendment and Freedom of Speech is just a big corporate propoganda tool, and as soon as we give the politicians in Washington (who are untainted and uncorrupted by corporations), the power to decide what sort of speech is legal and illegal, all our problems will go away.

      Those foolish, foolish idiots at Slashdot, for not showing absolute faith in a U.S. government censorship regime! Don't they know that the only thing the government would censor, is bad-evil-terrible corporate propoganda!? No politician would ever use censorship for political gain... that is unthinkable.

      Since Slashdot is not immune to the same sorts of underhanded marketing, it is only fair that we revoke Slashdot's Speech Licences and silence this dastardly corporate propoganda tool! Only when the voices of the people on Slashdot are silenced, can our benevolent leaders like The Great Bush protect us from the evil Corporations!

    12. Re:right... by tmalone · · Score: 1

      This isn't about speech. Nobody was saying that you can't make wacko right wing statements. All this law was trying to do was make it so that certain lobbying groups couldn't get around lobbying laws. This is all about finances, not speech. If you are being paid millions of dollars to do lobbying work, you shouldn't be shielded from the law just because you pretend that you are an independent, unpaid blow-hard, and not a professional blow-hard. These bloggers can do and say whatever they want, they just have to tell people that they are paid shills. These are paid for political ads we are talking about. Consider for a moment what the reaction would have been like if this law was in response to Democrats paying with New York Times reporters secretly on their campaign payrolls. You can bet that Republican bloggers would be all over it, screaming that their actions constituted political campaigning and should be reported.
      People keep mistaking this for censorship. Nobody would have been censored. The same statements would have continued. The astroturfing would go on, just as strong and annoying as always. Under this law, you can say whatever the hell you want. You just have to report the money that you are making by saying it, and register as a paid lobbying group. You know why? Because you are a paid lobbying group! If you are getting tens of thousands of dollars from a political campaign to smear another political campaign, you are part of a political campaign.

    13. Re:right... by RexRhino · · Score: 1

      People keep mistaking this for censorship. Nobody would have been censored. The same statements would have continued. The astroturfing would go on, just as strong and annoying as always. Under this law, you can say whatever the hell you want. You just have to report the money that you are making by saying it, and register as a paid lobbying group. You know why? Because you are a paid lobbying group! If you are getting tens of thousands of dollars from a political campaign to smear another political campaign, you are part of a political campaign.

      No, because it isn't as simple as disclosing payment. There are a whole slew of laws, and forms, and procedures, and bizintine regulations that must be followed in order to comply with the laws. Which has several effects:

      1. It means that the only people who can do lobbying are people with enough money and legal clout to handle dealing with all the regulations.

      2. It means that the government can revoke the right to lobby from people it doesn't like, based on some invevitable mistake someone will make with the thousands and thousands of pages of regulations, and the 20+ forms they need to fill out. Those is power have the ability to arbitrarily jail those who they don't like. The Democrats and the Republicans will be fine, but small political parties, anti-war groups, black power groups, etc., will find themselves being thrown in jail on minor technicalities (this already happens, but this kind of legislation will make it worse).

      3. The government will be able to harass bloggers who they don't like, by accusing bloggers of secretly taking payment, and therefore secretly being a lobbyist. The blogger's reputation will be hurt, their computer equipment will be siezed by law enforcement, and they will face the choice of hiring lawyers and engaging in a long drawn out legal fight to prove their innocence, or shutting down their blog.

      Free and unrestricted speech is so absolutly vital to the political process, and laws like these have such incredable danger of being used as de-facto censorship programs, and have such a chilling effect on freedom of speech, that a rather insignificant problem like astroturfing is not worth the risk of ending freedom of speech.

      We live in a country where people are being fined millions of dollars for wardrobe malfunctions during a dance routine, where U.S. citizens are being sent to military prisons overseas without trial, where police officers can confiscate your vehicle and property if they suspect you are drunk (without any proof), and so any assurances you give me that "this law will not be used for de-facto censorship" are total bullshit. There is no reason any sensible person would expect this law to be anything but a censorship program.

      Freedom of speech means freedom of speech! Hand off! STOP! Congress shall make no law! Do you understand?

    14. Re:right... by Anonymous Coward · · Score: 0

      Did you read my post? It was equally critical of the U.S. government and corporations.

      The problem is not with people speaking about politics for money. The problem is with people committing intentional fraudulent deceit, being paid to secretly spread propaganda and pretend it's their own voice.

      I'll agree that this bill wasn't the best way to reduce the problem; it would be better to temper or revoke the ability to form corporate legal shields, behind which groups of people can easily commit fraud and other crimes with few or no personal repercussions.

    15. Re:right... by Jaxoreth · · Score: 1
      "don't attribute to malice what is perfectably explainable by stupidity."
      I've come to the conclusion that stupidity is a form of malice.

      --
      In general, it is safe and legal to kill your children. -- POSIX Programmer's Guide
    16. Re:right... by makomk · · Score: 1

      To be honest, I suspected this was the case before, at least once I heard that the Republicans voted against it and the Democrats for. (For some reason, the Republicans seem to make much heavier use of this particular form of astroturfing than the Democrats - I have no idea why. Since both have some major, widely-read political bloggers on their side, the only way that made sense is if it wasn't really about what it was being made out to be about.)

  4. Biased summary by slapout · · Score: 2, Insightful

    "pioneered the use of direct mail techniques for conservative causes"

    So, you're saying that liberal causes haven't figured out how to use the mail box yet?

    --
    Coder's Stone: The programming language quick ref for iPad
    1. Re:Biased summary by PhxBlue · · Score: 1

      Judging by the amount of Republican junk I had in my mailbox I had last fall, I would say no. And thank the gods they haven't.

      --
      !#@%*)anks for hanging up the phone, dear.
    2. Re:Biased summary by zootm · · Score: 4, Insightful

      "Pioneered" would generally tend to mean "they started it". It doesn't say anything about their opposition not doing the same thing (in fact, I think it implies that they followed?).

    3. Re:Biased summary by gb506 · · Score: 3, Insightful
      So, you're saying that liberal causes haven't figured out how to use the mail box yet?


      Excellent observation. The provision as it was written would have barred companies from encouraging or providing mechanisms for their customers to contact legislators regarding issues of import - unless, of course, said company "registered" with the government and reported all activities and expenditures. And that is a massive free speech problem. Nobody wants to construct a reporting mechanism, legislators know that. It's much easier to simply stop trying to engage in advocacy.

      At the end of the day this was an attempt by government to limit the amount of communication they get from the unwashed masses. And to that effort I say, Fuck You Very Much, thank you.

    4. Re:Biased summary by Dr_Mic · · Score: 1
      Excellent observation. The provision as it was written would have barred companies from encouraging or providing mechanisms for their customers to contact legislators regarding issues of import - unless, of course, said company "registered" with the government and reported all activities and expenditures. And that is a massive free speech problem. Nobody wants to construct a reporting mechanism, legislators know that. It's much easier to simply stop trying to engage in advocacy.
      Sorry, I am not convinced that free speech rights were to apply or should now apply to companies. Citizens, absolutely, but companies, no. So monitoring corporate efforts to persuade comes under truth-in-advertising and is not a "massive free speech problem". Harassing an 86 year old man with the secret service for a letter to the editor is a massive free speech problem. http://abcnews.go.com/US/wireStory?id=2811492
    5. Re:Biased summary by gb506 · · Score: 2, Informative

      Company != evil. My employer is an organic foods company. We try to get our consumers to advocate higher food safety regs, better environmental oversight, family farm freindly legislation, etc. These are not evil deeds. But the provision discussed here would have prevented us from communicating with our consumers about these issues unless we had the government giving us a quarterly anal probe. No thanks.

    6. Re:Biased summary by lbmouse · · Score: 1

      Excellent point. People tend to forget that a company is nothing more than a group of actual human beings (real people like investors, owners, mangers, employees [you and me]) all working towards a common goal. The vast majority of companies are not evil just like the vast majority of people. If a company doesn't have bad intentions and is not breaking any laws, why should the government be allowed to come in and censor it's activities? Rememberer, whenever gov't regulation gets involved (whether it individual or industry related), all you get is bloated bureaucracies, increased costs, and decreased efficiency. In the end, the consumers AND the companies lose... and the gov't just gets fatter.

    7. Re:Biased summary by cas2000 · · Score: 1

      no, it wouldn't have. RTFB.

      do you have someone on staff who is paid $25,000 or more per year for lobbying/propaganda activities (or whose job duties include enough lobbying stuff that the proportion of their pay that goes towards lobbying is >=$25K)?

      no?

      then you wouldn't have had to register.

    8. Re:Biased summary by tehcyder · · Score: 1
      At the end of the day this was an attempt by government to limit the amount of communication they get from the unwashed masses
      So, after believing the original right wing misinformation, then reading/not reading this report analysing the right wing misinformation, you're still spouting the original right wing misinformation?

      No doubt there's a reason for this irrational behaviour.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    9. Re:Biased summary by gb506 · · Score: 1

      The person on staff at any organization who is responsible for maintaining email lists and crafting messaging is going to make more than 25k per year. So, yes, we do. And so do most companies or organizations that engage in issue advocacy. But that does not mean we should have to submit to a quarterly anal exam just because we want to educate our consumers regarding important issues, and perhaps have them voice concerns to their elected officials.

    10. Re:Biased summary by gb506 · · Score: 1
      No doubt there's a reason for this irrational behaviour.


      Yes, it's having the ability to read the bill and understand what the real-world ramifications would be rather than rely on someone else's politically clouded interpretation. I don't give a hoot in hell who was supposed to benefit by the killing of the provision, I just know that the provision itself would have had serious implications on my ability to inform and energize my target audiences. And a company or organization should be able to inform and energize - even to the point of encouraging the public to contact their elected officials - about any topic without being scrutinized by the government. To levy that impediment would be tantamount to censorship, IMHO.

    11. Re:Biased summary by cas2000 · · Score: 1
      The person on staff at any organization who is responsible for maintaining email lists and crafting messaging is going to make more than 25k per year


      the deciding issue (in the defeated bill) was "what proportion of their paid time is devoted to lobbying/propaganda"? if that proportion amounts to less than $25K/year then you wouldn't have had to register.

      you're being panicked into supporting something that suits highly-paid professional astro-turfers who have run a successful campaign to convince you that a bill designed to force them to declare their bias will also apply to you (even though the wording of the bill makes it plain that it doesn't and wont).

    12. Re:Biased summary by gb506 · · Score: 1

      Dude, the yearly cost for our advocacy toolset alone, sans labor cost, is well over 25k, and I hardly think that's abnormal for entities in industries that are heavily regulated. I think you fail to consider that in targeting a small group of lobbyists, the provision in question would have ensnared a whole lot of innocent bystanders.

    13. Re:Biased summary by cas2000 · · Score: 1

      even if it does apply to you (and i still have doubts about that), so what?

      it doesn't STOP you from saying whatever you want to say. it just means that you have to identify yourself and your bias.

      or do you have a problem with your audience knowing that you're not just a disinterested neutral bystander, that you actually have some kind of agenda?

      disclosure of potential bias or agenda is an ESSENTIAL component in informed decision making.

    14. Re:Biased summary by gb506 · · Score: 1

      Well, obviously you are a special kind of idiot. The kind who thinks it OK that people should have to register and report on any comms they have w/ elected officials. Think about it for a minute. Elected officials work for us, not vice versa.

    15. Re:Biased summary by cas2000 · · Score: 1
      Well, obviously you are a special kind of idiot. The kind who thinks it OK that people should have to register and report on any comms they have w/ elected officials.


      actually, you've just demonstrated that YOU'RE a special kind of idiot - the kind that thinks that companies and corporations and other organisations are PEOPLE, and that they should have the same rights and priviledges as people.

      that is *precisely* what has led to the fucked up condition that the world is currently in, the corporate fascist state.

      companies, corporations and other kinds of organised lobbyists should have to register. individual people, acting on their own behalf, shouldn't.

      and i mean *ALL* organisations, every single one of them that lobbies govt or comments on political issues (explicitly not just the ones i disagree with). like i said, knowledge of the speaker's agenda or bias is ESSENTIAL to making informed decisions.

      Think about it for a minute. Elected officials work for us, not vice versa.


      yes, they should be working for *people*, not for corporate lobbyists. which is precisely why organised lobbying and influence needs to be exposed to public scrutiny.

    16. Re:Biased summary by gb506 · · Score: 1

      I think you need to eat more fiber, man.

  5. Uh, okay by Anonymous Coward · · Score: 0

    So why does the article's title say, "The Grassroots Blogging Provision's Real Purpose", but then not actually explain (or even link to) what the "real purpose" actually was?

  6. Dear /.: You owe your readers an apology by jalefkowit · · Score: 5, Insightful

    Shouldn't we get an apology from the /. "editors", since they swallowed Vigurie's spin hook line and sinker -- not once, but twice?

    (Of course, since they apparently don't read the comments, where many people pointed out the truth on this issue, I expect the answer is probably no.)

    1. Re:Dear /.: You owe your readers an apology by Anonymous Coward · · Score: 0

      No offense, but I'm not sure it was Slashdot's editors that swallowed something hook, line, and sinker.

      Freedom of speech includes freedom to sell that speech. Just like copyright includes the right to release something in open source.

      Whatever laws may have been passed to violate the First Ammendment since the country's founding notwithstanding, I see no reason for the government to control any type of speech whatsoever.

      In other words, the blogosphere was actually right on this one.

    2. Re:Dear /.: You owe your readers an apology by Anonymous Coward · · Score: 0

      Freedom of speech includes freedom to sell that speech.

      Who was disputing that? The law was a requirement that people disclose when they are selling their speech for political purposes.

      You should go and see some of those awful heavily regulated undemocratic European election campaigns firsthand before you squeal about your precious "freedom of speech" being taken away.

  7. throwing the baby out with the bathwater by Anonymous Coward · · Score: 0

    I don't quite understand what this slashdot article is claiming, but if the claim is that the provision for bloggers to register was actually a good idea because some lobbyists take advantage of it, then it amounts to condoning giving up rights for safety.

    Americans must STOP trading liberties and rights in order to enforce laws. This is a prime example where its possible that if bloggers registerred, it might stop some exploitation of the medium, and I think that is a great idea that we should pass on the day that we take away everyone's guns because criminals use them to kill people.

    1. Re:throwing the baby out with the bathwater by Goaway · · Score: 4, Informative

      It's claiming that it's a good idea to have astroturfing paid political shills register, which was what the bill was about. Apparently you are missing the part where all the reporting on the bill was complete fabrications and had very little to do with the reality of what it covered.

    2. Re:throwing the baby out with the bathwater by AppyPappy · · Score: 1

      Anytime you can limit free speech, you have done a good thing. /sarcasm

      --

      If you aren't part of the solution, there is good money to be made prolonging the problem

    3. Re:throwing the baby out with the bathwater by $RANDOMLUSER · · Score: 1

      Why do you support the "free speech" of paid political lobbyists? Again, it was just requiring registration - in other words admitting you're a political shill.

      --
      No folly is more costly than the folly of intolerant idealism. - Winston Churchill
    4. Re:throwing the baby out with the bathwater by Anonymous Coward · · Score: 0

      Why do you support the "free speech" of paid political lobbyists? Again, it was just requiring registration - in other words admitting you're a political shill.

      First they came for the paid political lobbyists,
      And I didn't speak up, because I wasn't a paid political lobbyist...

    5. Re:throwing the baby out with the bathwater by bendodge · · Score: 0
      This is the real deal:

      the requirement would have applied to anyone who, in the service of their employer, engaged in the stimulation of grassroots lobbying designed to influence more than 500 people, as long as the organization spent over $25,000 per quarter on the activity. Thus, anyone who was paid $25,000 per quarter to maintain a weblog with a readership of more than 500 people would have to register with Congress under section 220 if they spent all of their time encouraging the general public to contact an executive or legislative official over a matter of public policy.
      --
      The government can't save you.
    6. Re:throwing the baby out with the bathwater by Archangel+Michael · · Score: 1

      As a LIBERTARIAN, I find the whole Censorship by the left wing wackos and the right wing nut jobs completely distasteful. Lets just label everything "hate speech" and "lies" and create laws to protect the sensibilities of the over sensitive people

      The left wants to limit free speech (Fairness Doctrine, Bloggers as Lobbyists, Political Correctness .. etc) as much if not more so than right (book burning, Porno etc) does.

      I wonder how the left would feel if the right wanted to make it so that all porn producers and actors had to register to produce porn and anyone making or working in porn without a licence was subject to the same types of punishments.

      They can take my speech away just after they take my guns aways. Oh wait ... never mind....

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    7. Re:throwing the baby out with the bathwater by why-is-it · · Score: 1
      As a LIBERTARIAN, I find the whole Censorship by the left wing wackos and the right wing nut jobs completely distasteful. Lets just label everything "hate speech" and "lies" and create laws to protect the sensibilities of the over sensitive people

      I fail to see what being a libertarian has to do with it. Free speech is not an absolute right. I'm sure you are aware that free speech cannot be used to justify screaming "FIRE!" in a crowded theater, when there is no fire. Nor does free speech include inciting other people to criminal acts.

      There are already limits to free speech. Some might argue that my examples do not have anything to do with political free speech, and that is what the core of this particular argument is about. To that, I can only point out that sedition is a crime, so there appear to be pre-existing limits on political free speech too.

      It's not a left-right issue, and there really isn't anything to be gained from trying to make it appear that way, unless you have some other axe to grind. The end result is that wealthy special interests have won out against the public good yet again. I fail to see how that benefits anyone, on the left or the right.

      --
      *** Where are we going? And what's with this handbasket?
    8. Re:throwing the baby out with the bathwater by 0123456 · · Score: 1

      "Free speech is not an absolute right."

      Either you have free speech or you don't. The US Constitution guarantees the right to free speech, so this law was blatantly unconstitutional.

      "I'm sure you are aware that free speech cannot be used to justify screaming "FIRE!" in a crowded theater, when there is no fire."

      You have every right to do so, but you can then hardly complain when you're locked up as a result.

      "Some might argue that my examples do not have anything to do with political free speech, and that is what the core of this particular argument is about."

      Your example has everything to do with political free speech. If you knew anything about the subject, you'd be aware that the 'shouting fire in a crowded theater' nonsense was government restriction of free speech by anti-war activists.

    9. Re:throwing the baby out with the bathwater by Archangel+Michael · · Score: 1

      You can, and have the right to say anything you want. However you are responsible for the results of that speech as well. This is where many fail to realize that speech has consequences, and worse, don't want to take responsibility for those consequences.

      If I am offended by something you say, can I sue? How about if I'm offended by a racial epithet uttered in my direction. How about if someone calls my wife fat and ugly? Can I sue then?

      Now, as for your "fire" example, it is a strawman attack. Yelling fire in a theater is NOT political speech, which is exactly what the anti blogging law is. Would you support a ban on Porn because some people view it as harmful (like yelling fire)? Would you support the banning of the "N" word because it "offends"?

      What offends me, isn't the same as what offends you, so who gets to ban what speech? What is worse about this law, is that it isn't what is being said but WHO is saying it. The result is even more chilling when you realize that only approved groups can say what they want, and unapproved groups cannot say anything.

      You don't see a problem with this???

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    10. Re:throwing the baby out with the bathwater by why-is-it · · Score: 1
      Either you have free speech or you don't. The US Constitution guarantees the right to free speech, so this law was blatantly unconstitutional.

      I'm going to out on a limb here, and speculate that you haven't RTFA, or the text of the proposed law. No worries, this is /. after all, where it is more fashionable to vent your spleen than have a rational discussion...

      You have every right to do so, but you can then hardly complain when you're locked up as a result.

      You appear to be suggesting that although there is a constitutionally enshrined right to freedom of speech, it is perfectly acceptable to be thrown in jail for exercising that right

      Yet you also stated that either you have free speech or you don't. Personally, I don't think free speech is a binary operator, but you seem to be viewing it that way. Assuming for the sake of argument that it is: given that some forms of speech can result in incarceration, do you have freedom of speech or not?

      If you knew anything about the subject, you'd be aware that the 'shouting fire in a crowded theater' nonsense was government restriction of free speech by anti-war activists.

      Well, since I obviously know nothing about the subject, it's a good thing that you are here to educate me. I look forward to your lesson on contradiction next.

      --
      *** Where are we going? And what's with this handbasket?
    11. Re:throwing the baby out with the bathwater by Darby · · Score: 1

      I fail to see what being a libertarian has to do with it. ...

      The end result is that wealthy special interests have won out against the public good yet again. I fail to see how that benefits anyone, on the left or the right.

      It's clear that your understanding of politics is pretty limited.

      The left and the right are the tools of special interests. When we get bigger government, they *both* win and the American people lose.

      You need first to understand what the left and the right are and what they are right or left *of*.

      The right is lock stock and barrel the supporter of wealthy special interests by definition.
      The left ostensibly agrees with the principle that all people are created equal, but they believe further that the power of the state should be used against the individual to enforce that equality.
      The right flat out disagrees with the whole premise. They beleive wholeheartedly that the rich and powerful are better and therefore the power of the state should be used against the individual to *prevent* equality.

      That is what the left and the right are.

      What they are right or left of is Liberalism, which is the philosophy that the indivisual's rights are important.
      This isn't what it means in common useage in the US anymore, but that's becasue the left and the right both despise Liberalism as it is an inherently small government philosophy.

      When the term got coopted by leftists and reviled by rightists, the Libertarian movement started. This is the closest thing we have to a Liberal party in the US. My issues with them are they've taken belief in the market as an absolute truth by faith, which is a problem.

      So, the point of all of this to your questions:

      I fail to see what being a libertarian has to do with it.

      Because libertarians (apart from the above caveat) are the only party that actually does care about individual liberty. Any time we talk about Left versus Right and every time we allow an issue to be framed as if that was a meaningful distinction the point that there is actually a different view that doesn't support massively increasing government power and destruction of individual rights as both the right and left do all the time.

      So both the left and the right love restricting free speech. The reason that the Libertarians are relevant is that they're the only party that doesn't actively stand against free speech (and most other freedoms as well.)

      I fail to see how that benefits anyone, on the left or the right.

      Bigger government always benefits the left and the right since big government is what they stand for since that's the only way they can achieve their goals of using the government against the people.

      Do you understand now?

    12. Re:throwing the baby out with the bathwater by Goaway · · Score: 1

      You can, and have the right to say anything you want. However you are responsible for the results of that speech as well. This is where many fail to realize that speech has consequences, and worse, don't want to take responsibility for those consequences.

      Ok, so if I'm a politician, it's perfectly OK for me to lock up anyone who disagrees with me? Of course they're free to do so, they're just responsible for the results of that speech, viz. getting locked up.

    13. Re:throwing the baby out with the bathwater by why-is-it · · Score: 1
      You can, and have the right to say anything you want. However you are responsible for the results of that speech as well. This is where many fail to realize that speech has consequences, and worse, don't want to take responsibility for those consequences.

      Fair enough. But can it said that you have the right to free speech if you can be thrown in jail for exercising it? Personally, I would have thought that it is not much of a right, if you can be punished for doing it.

      Now, as for your "fire" example, it is a strawman attack. Yelling fire in a theater is NOT political speech,

      It's not a strawman attack, and I address that issue in the next few sentences of that post. Sedition is a crime, and that certainly falls under the category of political speech.

      What is worse about this law, is that it isn't what is being said but WHO is saying it. The result is even more chilling when you realize that only approved groups can say what they want, and unapproved groups cannot say anything

      Dude, did you even bother to RTFA?

      I don't understand why some people were so upset. Paid lobbyists who run an astroturfing campaign would have been required to publicly acknowledge that it was a work for hire and not a genuine grass-roots effort.

      Honestly, what's the big deal?

      --
      *** Where are we going? And what's with this handbasket?
    14. Re:throwing the baby out with the bathwater by Archangel+Michael · · Score: 1

      "Sedition is a crime, and that certainly falls under the category of political speech."

      What the founders did when the signed the Declaration was Sedition and Treason. Sedition against tyrants is a responsibility .

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    15. Re:throwing the baby out with the bathwater by Anonymous Coward · · Score: 0

      "Sedition is a crime, and that certainly falls under the category of political speech."

      What the founders did when the signed the Declaration was Sedition and Treason. Sedition against tyrants is a responsibility . Even if such sedition is a responsibility, you cannot expect it to be legal.
    16. Re:throwing the baby out with the bathwater by Anonymous Coward · · Score: 0
      You can, and have the right to say anything you want. However you are responsible for the results of that speech as well. This is where many fail to realize that speech has consequences, and worse, don't want to take responsibility for those consequences.
      By the same logic, you can and have the right to murder anyone you want. You just get held responsible for it.

      Now, as for your "fire" example, it is a strawman attack. Yelling fire in a theater is NOT political speech
      It looks like the discussion had broadened beyond just political speech by that point.
      I'm also perfectly fine with requiring you to disclose if you were paid a lot of money to yell "fire."
    17. Re:throwing the baby out with the bathwater by Archangel+Michael · · Score: 1

      If the right thing to do was illegal, would you hesitate to do it?

      There is a short list of people who dared to do what was right, in spite of the fact it was illegal, we tend to call them "heros". There is a very long list of anonymous cowards who didn't, and nobody remembers their names for a reason.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    18. Re:throwing the baby out with the bathwater by why-is-it · · Score: 1
      What the founders did when the signed the Declaration was Sedition and Treason. Sedition against tyrants is a responsibility

      Many of the truths we cling to depend greatly on our own point of view. At the time of the War of Independence, George Washington could legitimately be viewed as either a terrorist or a freedom fighter, depending on your perspective.

      Besides, sedition and treason are still federal crimes today. Regardless of circumstance. I stand by my original assertion that there are limits on political expression.

      --
      *** Where are we going? And what's with this handbasket?
  8. Oh, it's all good then by Anonymous Coward · · Score: 2, Insightful

    Since the provision was designed to silence some conservative grassroots guy, it must be okay. Surely there wouldn't be any unintended consequences.

  9. Yeah... by fitten · · Score: 2, Insightful

    Yeah... whoever heard of a Slashdot reader not RTFA and jumping at whatever conclusions are presented in the blurb.... I must be new here.

  10. astroturfing by Johnny5000 · · Score: 4, Insightful

    Kinda funny that the bill to try to prevent astroturfing was defeated largely by astroturfing.

    --
    The libertarian solution to the failures of capitalism is to apply more capitalism til the failures are fixed.
    1. Re:astroturfing by Archangel+Michael · · Score: 1

      After all, it is impossible for someone to be against the bill if they knew what it was really about, right?????

      I know what the bill was about, am I am a shill / mouthpiece for nobody but myself, and YET, I know better than to regulate speech on ANY grounds, because it IS a slippery slope, or at least that is what the left has always claimed when censorship was from the right.

      Or is this the Hypocrisy Zone?

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    2. Re:astroturfing by Johnny5000 · · Score: 1

      After all, it is impossible for someone to be against the bill if they knew what it was really about, right?????

      If someone wants to be against (or for) the bill because they know what it's really about, that's fine. There's nothing wrong with that.

      However, a lot of the initial opposition to the bill was based on (perhaps deliberate) misrepresentation of facts due to astroturfing. I've got a problem with that- let the bill be judged by its own merits, good and bad.

      --
      The libertarian solution to the failures of capitalism is to apply more capitalism til the failures are fixed.
    3. Re:astroturfing by Archangel+Michael · · Score: 1

      "misrepresentation of facts due to astroturfing."

      Your opinion. I happen to the "misrepresentation" you see, because I can see past the actual language and into the left-wing courts (9th Circuit) and see that they can take JUST ABOUT ANY LAW, and twist it beyond its intents.

      So the law, as it is intended, is rarely kept intact. Further, I can see people trying to close "loopholes" effectively creating a subclass of people not able to actually speak freely because they happen to have money. As much as some don't like people with money, there are others who don't like the NAACP, NOW, etc who have the "right kind of money".

      I have a suggestion, how about we ban ALL organizations from speaking on politics, only allowing PEOPLE (live human beings) who aren't affiliated with anyone to speak freely?

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    4. Re:astroturfing by alienmole · · Score: 1
      After all, it is impossible for someone to be against the bill if they knew what it was really about, right?????

      Yes. If you have a dissenting opinion, you are required to register it with the Federal government, and they will send you to a reeducation center to teach you the right way to think.

      I know what the bill was about, am I am a shill / mouthpiece for nobody but myself, and YET, I know better than to regulate speech on ANY grounds, because it IS a slippery slope, or at least that is what the left has always claimed when censorship was from the right.

      Or is this the Hypocrisy Zone?

      Apparently. The moral of the story: the Constitution is more necessary than ever, because people are all too willing to sacrifice bits of it for the most trivial of reasons.
  11. Re:F$%^ing idiots know jack about the law, apparen by $RANDOMLUSER · · Score: 1

    Jeez, calm down. It was simply a law requiring paid political astroturfers to register with Congress, just like the K Street lobbyists have to already. Being registered as a lobbyist doesn't seem to have slowed Jack Abromoff down any.

    --
    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
  12. So, in list form: by Wilson_6500 · · Score: 4, Interesting

    1) Senate proposes bill. Bill contains provisions that businesses will probably not like, but Senate feels pressure to do so from the public (?).

    2) Influential conservative stirs up "public opinion" against bill's provisions.

    3) Bill's provision is struck. Senate cites "will of the people" and shrugs. Senate gets to say "we tried, you didn't want it." Businesses keep astroturing. Everyone wins except the public who, as always, loses.

    Just how often are the provisions of bills being discussed in Congress truly struck out because the people got wind of what was going on and spoke out--without some mouthpiece or rein-holding group to speak "for" us, or some vague poll number or other inaccurate metric telling the Congressfolks what we think, or some massive letter-writing campaign by just 2000 very angry people?

    1. Re:So, in list form: by dsanfte · · Score: 1

      Heh, you want Congress to govern based on what the people think? There are some real mouth-breathers around here, I'd hate to see what a country run by those would look like. Look, a republican government run in the manner you suggest would be mob rule by proxy.

      The people need to be listened to less, not more. Abortion, gay marriage, all those rights issues need to be moved to the state level and out of federal politics forever, but 'people' continue getting into the process and trying to impose their will on the rest of the country by keeping it federal and hoping for a federal law. And Congress obliges them, because they're elected by them. I'm sorry if this 'seems' offtopic, but it really isn't, it relates directly to the ability of the majority of Americans to properly govern their own nation if given a real say in things, and directly to the implication in the last paragraph of your post.

      You seem to be a fan of 'democracy', however it simply doesn't work. The fact that the US is shielded as much as it is from democracy by the filter of money is the only reason it's still around.

      --
      occultae nullus est respectus musicae - originally a Greek proverb
    2. Re:So, in list form: by Johnny5000 · · Score: 1

      The people need to be listened to less, not more. Abortion, gay marriage, all those rights issues need to be moved to the state level and out of federal politics forever,

      So people magically become smarter when dealing with state politics, and they're morons when it comes to federal politics?

      Based on the rest of your post, I would think you'd be in favor of more power consolidated in the national government- say in the hands of a king. Then we wouldn't have to deal with the opinions of the "mouth breathers" at all.

      --
      The libertarian solution to the failures of capitalism is to apply more capitalism til the failures are fixed.
    3. Re:So, in list form: by Archangel+Michael · · Score: 1

      "So people magically become smarter when dealing with state politics, and they're morons when it comes to federal politics?"

      No, people have no real representation at the federal level, and more and closer representation at the state and local levels.

      That, and our political structure has been screwed up by those who think themselves smarter than everyone else. While I know I am more intelligent than most people I don't go running around telling people that they are "Morons" because they happen to be less intelligent than I am. In fact, the less intelligent often see the simplicity that over analysis often prevents us "smarter" people from seeing.

      Or as a professor I once knew said, an intelligent / educated person could tell you all about the genus and species and properties of a Rosaceae Rosoideae Rosa, and how it is grown and cultivated and all the useful by-products, but unless one is able to see the beauty and fragrance, its real purpose is lost. Seeing a child go up to the Rose, and looking at awe of the beauty and smelling the fragrance is something to behold. Intelligence often forgets the purpose of things, and a rose is to look at and smell.

      That is a lesson I will never forget, and one that most in the Ivory Towers never learn.

      In this case, being LIBERTARIAN, the less government interference, the better. This law will do NOTHING to protect anything but political allies of one-side or another, and really doesn't care about "the people".

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    4. Re:So, in list form: by Johnny5000 · · Score: 1

      No, people have no real representation at the federal level, and more and closer representation at the state and local levels.

      I'm familiar with that argument and I actually lean towards it in general.

      Usually the reasoning behind giving the states more power is to put more power in the hands of the people, since they have closer representation at the state and local level, as you said.

      My main issue was with the OP saying in one sentence that people are idiots and should have less political power, and then immediately stating that the states should have more power, which in my mind, seems to be a contradiction in logic.

      --
      The libertarian solution to the failures of capitalism is to apply more capitalism til the failures are fixed.
    5. Re:So, in list form: by Fallingcow · · Score: 1

      Hell, I think that we need to go back to having the state legislatures elect Senators. Maybe even start letting them pick the President, as that might get us closer to how the Electoral College was supposed to work, and the present state of campaigning to 300 million people is just ridiculous.

      Most of our important voting should be done as close to home as possible. There's something to be said for seeing your highest directly-elected representative at the local grocery store--or for being able to campaign for that office on a shoe-string budget. Let us have elected representatives elect our national President and Senate for us (that's how both originally worked, anyway), at least, and let's have those representatives be our state legislators, to avoid having special representatives just for the presidential election, which is what got us in the popularity-contest, worst-of-both-worlds (direct election and electoral election, that is) mess in the first place.

      The US is too big to have functional, efficient, and competent direct election at its highest levels. It's too unwieldy for such a thing. Elections at that level are too expensive and thus eliminate a massive portion of the population from contention, and they target too many people for there to be any chance of having an electorate that actually understands both the issues and the candidates. Our current system is more of an oligarchy than a democracy, anyway, as a result of these things. Give me back my democratic republic, damnit! You can keep your "direct democracy".

      Too bad nearly no one else feels this way, it seems :(

    6. Re:So, in list form: by Archangel+Michael · · Score: 1

      But you see, my point is that in fact "idiots" do have a right to their viewpoint, and often see things in a way that "smarter" people cannot. I only wish that idiots had less political power only because there seems to be more of them. ;)

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    7. Re:So, in list form: by RexRhino · · Score: 1

      What is shocking is how willing people are to give up freedom of speech, when they think freedom of speech might in some way benifit someone they don't like.

      Can you, for example, tell me where the First Amendment says that you no longer have freedom of speech, if you get paid to make speeches on behalf of someone else?

      So great, blogs aren't yet completly and utterly destroyed, like all other venues for political speech... it is only a matter of time until facists such as yourself are stepping up the pressure to licence and regulate blogs. "After all, dude, a buisness could, like, pay a blog to say stuff! I mean, I am all for freedom of speech, but not when there is a remote possibiliy that the speech may in some way benifit big buisness!"

    8. Re:So, in list form: by alienmole · · Score: 1
      What is shocking is how willing people are to give up freedom of speech, when they think freedom of speech might in some way benifit someone they don't like.
      I agree, it's utterly scary to watch. It's like seeing the Patriot Act and the like being passed after 9/11. Apparently astroturfers are a bogeyman that, like terrorists, are worth sacrificing bits of the Constitution for.
  13. Only a fool would expect less from a bunch of by Anonymous Coward · · Score: 1, Insightful

    hormone driven women and wanking /.ers

    The sad part is not so much that it worked, but that the same crowd buys into every pop-sci, nuclear power is bad, we're destroying the planet, your immogrant nighbour is eatint the neighborhood pets, child abductions and school killings are rampat, terrorists are really nice prople who don't like me because they thik I'm not sensitive to their culture, cuttlefish are smarter than dolphins are smarter than dogs are more deserving of life than humans, Al Sharpton is NOT a racist who instigated the killing of 8 people in Harlem, and thimblefull of other crap that makes them feel good, important, superior, or might get them some nookie.

  14. Having to register for having a public opinion... by gd23ka · · Score: 1, Offtopic

    ... is the first step. Once everbody is registered they have to have license to have a public opinion.
    I'm not saying here that astroturfing isn't a huge problem, but if I started
    speaking out against the govt/big business astroturfers guess whose license
    would be revoked?

  15. Re:F$%^ing idiots know jack about the law, apparen by Anonymous Coward · · Score: 2, Insightful

    Yeah, I can understand how Gonzales was confused that where the Constitution said that "the privilege of the Writ of Habeas Corpus shall not be suspended..." meant that it could be suspended anytime he felt like it. But what I don't understand is how you think that where the Constitutions says "Congress shall make no law..." means that Congress can make any law on speech or that "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" means that all powers not given to Congress in the Constitution actually are given to Congress in the Constitution--namely regulating political speech by corporations. If you can tell me the sections of the Constitution that I might have missed that actually give Congress the power to regulate corporate political speech please feel free to list them. Otherwise it seems to me that they are reserved powers and can't be tampered with without a Constitutional amendment.

    But then again, I'm just an amateur. I'm not a lawyer like Gonzales who can read a sentence that says "No" and interpret it to mean "Yes." I guess I'm just not educated enough to understand what the Constitution really means. Maybe you have to look at it with a blacklight or read it upside down to understand it.

  16. Doesn't matter what the purpose was by mobby_6kl · · Score: 3, Insightful
    It's still retarded. From TFA:
    Because of clumsy wording that would have included an employer in the definition of a "client," the requirement would have applied to anyone who, in the service of their employer, engaged in the stimulation of grassroots lobbying designed to influence more than 500 people, as long as the organization spent over $25,000 per quarter on the activity. Thus, anyone who was paid $25,000 per quarter to maintain a weblog with a readership of more than 500 people would have to register with Congress under section 220 if they spent all of their time encouraging the general public to contact an executive or legislative official over a matter of public policy.


    Ignoring the issue with the readership, what would the registration accomplish anyway? You can already see who contributes to the politicans' campaigns, and that doesn't seem to do change anything.
    1. Re:Doesn't matter what the purpose was by MarkusQ · · Score: 1
      Ignoring the issue with the readership, what would the registration accomplish anyway? You can already see who contributes to the politicans' campaigns, and that doesn't seem to do change anything.

      With registration, when Exxon hires a PR firm to create "Dr. Brown's Global Warming Truth Blog" and spread some manure about it being caused by cows, they would have to fess up about the fact that it was a work done for hire. Without registration, there's no way to know that "Dr. Brown" the world famous climatologist is really a team of creative writing and PoliSci majors who use google to find buzzwords.

      --MarkusQ

    2. Re:Doesn't matter what the purpose was by 0123456 · · Score: 1

      And? Science is science, it doesn't matter who pays for it, what matters is _are they right_?

      Free speech is either absolute or non-existent; you can't put restrictions on who can say what and then claim you have free speech.

    3. Re:Doesn't matter what the purpose was by alienmole · · Score: 1

      One problem with section 220, though, is that it would have required the PR firm in your example to register as a lobbyist if they met the income threshold, even though they have no direct contact with public officials. I don't agree with that -- it basically pulls people who do work for hire for a lobbyist into the lobbyist regulation mechanism as though they were lobbyists themselves. There are better, lower overhead ways to handle something like that.

      Frankly, I'm glad the provision was rejected, just on principle. Bad laws aren't necessarily better than no laws, even if they have some good effects.

    4. Re:Doesn't matter what the purpose was by MarkusQ · · Score: 1

      *sigh*

      And? Science is science, it doesn't matter who pays for it, what matters is _are they right_?

      But a bunch of writers putting words in the mouth of a fictional "scientist" is not science.

      Free speech is either absolute or non-existent; you can't put restrictions on who can say what and then claim you have free speech.

      And a strawman is a strawman no matter how many times you raise it. There was nothing about free speech in the bill. No speech acts were restricted, in any way shape or form. The provision clearly and specifically required people / organizations to register if they went into the business of shilling, whether or not they ever wrote or said anything to the public (they could, for example, have defrauded their clients by never even setting up a blog or sending out the spam or whatever). Conversely, there was absolutely no requirement of any kind placed on people who were not hiring themselves out as paid shills.

      --MarkusQ

    5. Re:Doesn't matter what the purpose was by Anonymous Coward · · Score: 0

      You sir are perilously close to trolling. Free speech is free speech; paid-for speech is paid-for speech. There was no research in the grandparent posting, just PR firms posing as scientists. Even if there is science, you want to be damn sure you know who's funding it -- it has a very unscientific tendency to affect the results. There's a reason medical journals started insisting on knowing whether drug companies were funding the work: they got duped too many times. Even then the problem still exists, because you'll never know how many studies were thrown away before a lab published the one that gave the result they were looking for.

      Seriously though, requiring a footnote saying who is paying for the speech doesn't change the content of the speech. How hard is that to understand?

    6. Re:Doesn't matter what the purpose was by Kesh · · Score: 1
      Free speech is either absolute or non-existent; you can't put restrictions on who can say what and then claim you have free speech.

      Feel free to shout "FIRE!!!" in a crowded theater next time you go out. Let me know how that works for you.

  17. Paid for speach is NOT free speach by tinkerghost · · Score: 3, Insightful

    No, you don't have to register to have a personal opinion, or to voice it in public. The bill was worded very specifically to make sure that only if you were paid to have an opinion (and only if you reached more than 500ppl), would you then have to register - just like if you are paid to have an opinion & print something in a magazine, in a newspaper, etc - all of those paid for by notices on the bottom of the TV adds - that's what it was about.

    1. Re:Paid for speach is NOT free speach by Anonymous Coward · · Score: 0

      No, you don't have to register to have a personal opinion, or to voice it in public. The bill was worded very specifically to make sure that only if you were paid to have an opinion (and only if you reached more than 500ppl) would you then have to register

      In 1913 the income tax rate was 1% on taxable net income above $3,000 ($4,000 for married couples), less deductions and exemptions. It rose to a rate of 7% on incomes above $500,000. This is in 1913 dollars. What is the effective rate today?

      The power of government should be treated like the nose of a camel. Don't let it poke into your tent unless you're damn sure you want it to sleep with you.

    2. Re:Paid for speach is NOT free speach by Anonymous Coward · · Score: 0

      I wonder how many people your post reached there. I wonder if posting on a technology website while holding an IT job could count as being "paid to have an opinion". I wonder if the US dollar keeps tanking if the dollar amount would eventually paint just about everyone as having "paid speech".

      If this bill had passed as originally worded, it would have eventually forced everyone to register to blog. It might not do it immediately but it would eventually. It was a bad bill and it needed to be defeated.

      Free speech won in this case, make no mistake about it.

    3. Re:Paid for speach is NOT free speach by cascadingstylesheet · · Score: 1

      The bill was worded very specifically to make sure that only if you were paid to have an opinion (and only if you reached more than 500ppl), would you then have to register - just like if you are paid to have an opinion & print something in a magazine, in a newspaper, etc - all of those paid for by notices on the bottom of the TV adds - that's what it was about.

      That's still no good, from a free speech standpoint.

      What if I have an opinion, and somebody pays me to express it? Would Molly Ivins suddenly become more untrustworthy if the Democrats paid her? And in any case, where's this exception in the 1st amendment for "speech that you think is untrustworthy"?

      Newspaper opinion columnists are paid, aren't they? Would they have to register? Does the newspaper have a website? Do they allow comments on stories? Why isn't that a blog?

    4. Re:Paid for speach is NOT free speach by RexRhino · · Score: 1

      I don't remember the exemption to the first amendment that says freedom of speech is revoked if you are paid to make the speech.

      I do understand that the government does regulate paid speech... the government does also sponser anti-democratic military coups in foriegn countries, and send people off to Gitmo to be held indefinitly without trial. But those things are of very questionable constitutionality.

      Requiring people to register in order to exercise their right to speech, even if they ARE paid to make the speech, is completly against the ideals of freedom of speech and public discourse. By selectively revoking the licence of those whome you disagree with, you can give one political group a distinct advantage over another political group.

    5. Re:Paid for speach is NOT free speach by SQL+Error · · Score: 2, Insightful
      Baloney.
      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
      It doesn't say "unless it's been paid for". It says "Congress shall make no law".
  18. Re:F$%^ing idiots know jack about the law, apparen by Anonymous Coward · · Score: 0

    Those who remember the past are condemned to watch it be repeated.

  19. It might be interesting to look back... by MarkusQ · · Score: 4, Insightful

    It might be interesting to look back at those threads and see if we could figure out who the astroturfers are.

    I've also thought, more ambitiously, that it might be interesting to see if there were discernible patterns to postings by astroturfers, or to threads on which this was happening. I'm not sure what exactly to look for (especially since we don't have access to the IP addresses), but their still might be some pattern of boiler plate text, or things block copied from other sites, or...

    Ideas?

    --MarkusQ

    1. Re:It might be interesting to look back... by guspasho · · Score: 1

      I have a hunch they aren't spending a lot of time targeting specific arguments with responses that make sense in context, as opposed to more likely doing some quick and dirty cut-and-pasting that would stick out like a sore thumb due to the way it isn't related to anyone's arguments.

    2. Re:It might be interesting to look back... by alienmole · · Score: 1
      It might be interesting to look back at those threads and see if we could figure out who the astroturfers are.

      Seems to me you might have a problem distinguishing them from people who have a legitimate problem with the amendment. The Register article described the issue accurately: section 220 was screwed up. I would have supported a suitably fixed Sec 220, but as written I just don't agree with it, and don't think it should have passed in that form.

  20. Thesis? by plopez · · Score: 1

    There might be an AI or pattern recognition thesis in there somewhere.

    --
    putting the 'B' in LGBTQ+
    1. Re:Thesis? by bjelkeman · · Score: 1

      Or just some good old fashioned scutwork. Look it up and cross reference. ;)

      --
      Akvo.org - the open source for water and sanitation
    2. Re:Thesis? by zCyl · · Score: 1
      There might be an AI or pattern recognition thesis in there somewhere.

      I'd love to see someone apply this to TV pundits to identify and objectively rank which ones are simply regurgitating talking points.
  21. Tarnished Backroom by Anonymous Coward · · Score: 1, Informative

    The liberals have plenty of dirty backroom boys. Don't expect to read about them in the liberal media though.

    1. Re:Tarnished Backroom by McGurk · · Score: 1

      Soros. But that's okay, because he's not actually running for anything.

      --
      You're doing it wrong--http://youredoingitwrong.mee.nu
  22. Re:Wow. by Anonymous Coward · · Score: 3, Insightful

    It's a follow up to a previous article. It corrects that article's mistatement of the facts of the legislative provisions to prevent paid-lobbyists ($25,000 or more in one quarter of a year and a specific client) from using "blogging" as a loophole in the lobbyist reporting rules. The previous article pretended the legislation the Republicans all voted against would have hindered all bloggers. In fact, as this "correction states, the Republicans all voted to prevent proper reporting of paid-for lobbying activity online (when done on behalf of a specific client's interests). You may not think correcting the record is news. I do.

  23. I'm not so sure. by bigdavex · · Score: 1

    Just because Richard Viguerie wants it out for selfish reasons doesn't mean the law itself is a good idea. Astroturfing is annoying, but there's a lot more to lose than gain by regulating political speech like this.

    --
    -Dave
    1. Re:I'm not so sure. by Touvan · · Score: 1

      I think the point is that well funded Astroturfing can have a substantial impact on various political issues. The history of this particular bill proves that.

      And this would not have "regulated political speech" - that line is well framed spin/propaganda (and if you were paid, it'd be actual astroturfing).

      It would have "regulated paid opinion mongering", something that is done in every other publishing medium, and done for good reason.

    2. Re:I'm not so sure. by bigdavex · · Score: 1

      I think the point is that well funded Astroturfing can have a substantial impact on various political issues. The history of this particular bill proves that.

      And this would not have "regulated political speech" - that line is well framed spin/propaganda (and if you were paid, it'd be actual astroturfing).

      I'm not getting paid.

      --
      -Dave
    3. Re:I'm not so sure. by Touvan · · Score: 1

      That's good to know! (I didn't mean to offend - it was just an example.)

  24. Bad summary by Kohath · · Score: 4, Insightful

    The bill would have infringed the right of free speech. It's actually quite clear.

    Astroturf campaigns are free speech. Fining groups engaged in astroturf campaigns is an infringement on free speech. Requiring speakers to "register" in order to be allowed to speak is not free speech.

    All this BS justification is simply "we're in favor of free-speech only when we agree with the motives, methods, or message of the speaker". Agreeable speech doesn't need to be protected from the people who agree with it.

    1. Re:Bad summary by branonm · · Score: 2, Informative

      Astroturf campaigns are not free speech. They are more akin to advertising.

      If you are PAID to express an opinion then how can the speech be free?

    2. Re:Bad summary by nagora · · Score: 1
      Astroturf campaigns are free speech.

      They are not; don't be so stupid. Free speech is the right to express your opinion; expressing someone else's opinion as if it were your own is being a shill and is already illegal in many contexts, such as in a courtroom.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    3. Re:Bad summary by Slithe · · Score: 1

      You are confusing gratis with libre. Free Speech is Free as in Freedom not as in Cost.

      --
      ---- "XML is like violence. If it doesn't fix the problem, you aren't using enough."
    4. Re:Bad summary by ScentCone · · Score: 1

      Free speech is the right to express your opinion; expressing someone else's opinion as if it were your own is being a shill and is already illegal in many contexts, such as in a courtroom

      But you're assuming that you know what's in the blogger's mind. What if I personally DO have the opinion that I'm backing, and I've proven to be very effective at representing that opinion. And further, that I've convinced a good number of like-minded people that, since I'm good at it, I could be MORE good at it if I didn't have to also hold down a day job. Getting donations that add up to more than X dollars, and being financially supported while you go about using your time to express your own opinion in a public context - there's nothing ethically wrong with that, and should be nothing legally wrong with that.

      --
      Don't disappoint your bird dog. Go to the range.
    5. Re:Bad summary by nasch · · Score: 1
      Getting donations that add up to more than X dollars, and being financially supported while you go about using your time to express your own opinion in a public context - there's nothing ethically wrong with that, and should be nothing legally wrong with that.
      There's nothing wrong with paying to run commercials, either, but that doesn't mean there shouldn't be any limits. Ford shouldn't be allowed to run ads for Chevy cars that make them look bad, for example. This provision was just trying to help clarify where the opinion was coming from - the employer, not the blogger.
    6. Re:Bad summary by JesseMcDonald · · Score: 1

      Ford shouldn't be allowed to run ads for Chevy cars that make them look bad, for example.

      Why not?

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    7. Re:Bad summary by nagora · · Score: 1
      Getting donations that add up to more than X dollars, and being financially supported while you go about using your time to express your own opinion in a public context - there's nothing ethically wrong with that, and should be nothing legally wrong with that.

      That's true, if they are your opinions. But once you get paid to do it then I think you should have to tell people that you are being paid, just so they can decide for themselves if they believe that they really are your opinions. One way to make sure that you don't "forget" to mention that you've been hired as a shill (because you're a really good, sincere shill) is to have a registry of shills where I can go and check your name and who it is that thinks your enthusiasm and interest is worth paying for.

      After all, we're all used to the idea that research into tobacco which is funded by tobacco companies should be labeled as such. Doesn't mean the researchers were bribed, but we like to know all the same.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    8. Re:Bad summary by Damek · · Score: 1
      http://en.wikipedia.org/wiki/Shouting_fire_in_a_cr owded_theater

      Brandenburg v. Ohio, which ruled that speech could only be banned when it was directed to and likely to incite imminent lawless action (e.g. a riot), the test which remains until this day.


      I think under this interpretation of law, astroturfing should be banned. It is most often utilized to protect lawless action (e.g. corporate malfeasances). And to incite the election of Republicans, which should also be illegal.
    9. Re:Bad summary by nasch · · Score: 1
      Ford shouldn't be allowed to run ads for Chevy cars that make them look bad, for example. Why not?
      Because society is better served by requiring companies to be truthful in their advertising. For example, not making false claims, and not pretending the message comes from company X when it's really from company Y. It's more efficient to have the FTC regulating this for us, than to have every citizen either acting on bad information or doing their own research on the ads they're considering.
    10. Re:Bad summary by JesseMcDonald · · Score: 1

      Ford shouldn't be allowed to run ads for Chevy cars that make them look bad, for example.

      Why not?

      Because society is better served by requiring companies to be truthful in their advertising. For example, not making false claims, and not pretending the message comes from company X when it's really from company Y.

      You didn't answer the question. Why shouldn't Ford be allowed to run ads for Chevy cars that make them look bad? There is no implication here that the ads were falsified or made to appear as though they'd come from Chevy instead of Ford. Why can't Ford run a completely truthful ad in its own name that happens to make Chevy look bad?

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    11. Re:Bad summary by Just+Another+Poster · · Score: 1
      http://en.wikipedia.org/wiki/Shouting_fire_in_a_ crowded_theater
      One of the most often used justifications for tyranny.
    12. Re:Bad summary by nasch · · Score: 1
      There is no implication here that the ads were falsified or made to appear as though they'd come from Chevy instead of Ford. Why can't Ford run a completely truthful ad in its own name that happens to make Chevy look bad?
      Ah, I guess I didn't explain that well. I meant Ford should not be able to run ads that appear to be coming from Chevy.
    13. Re:Bad summary by Just+Another+Poster · · Score: 1
      They are not; don't be so stupid. Free speech is the right to express your opinion; expressing someone else's opinion as if it were your own is being a shill and is already illegal in many contexts, such as in a courtroom.
      That is your opinion. Fortunately, the text of Amendment I disagrees with you. It makes no distinction in protecting one's own opinion, and an opinion one is being paid to express.
    14. Re:Bad summary by RexRhino · · Score: 1

      Paid speech is not gratuit, but it is libre. Or to put it in Slashdot terms, there is Free-as-in-Beer, and Free-as-in-Speech. Paid speech is not Free-as-in-Beer (it does cost money), but it is supposed to be Free-as-in-Speech (no one is allowed to stop you from making said speech).

      If you are against astroturf campaigns, you are most definitly against freedom of speech. It doesn't matter if you don't like the politics of a group, or you think it is dishonest, or sleazy, etc... Freedom of Speech is not "We allow speech that we all like". Freedom of speech means protecting even extremly unpopular speech like astroturfing.

    15. Re:Bad summary by bobbuck · · Score: 1

      Thank you. It's amazing how many idiots are itching to give up their own freedom of speech just to silence someone they might disagree with.

    16. Re:Bad summary by Damek · · Score: 1

      If you read the article you see that "Shouting fire in a crowded theater" is no longer used as a test; rather the part I quoted is the new "test" of lawful restrictions on speech.

      Whether you agree with it is another thing; I just wanted to make that clear since you quoted the link, which includes the old test, but did not quote what I was referring to, which is the new test.

      Regardless, "tyranny" is a word so bandied about by ideological extremists it means little these days. For some (not saying you, necessarily), having someone criticize their grammar is tyranny; I'm not sure being punished by society for inciting riots, presumably after the riots are over and everything has settled, is necessarily a bad thing.

      I wonder, perhaps a successful riot is a revolution; an unsuccessful revolution is just a riot. Hmm...

    17. Re:Bad summary by branonm · · Score: 1

      Astroturfing is much more akin to ADVERTISING than honest opinion. It is not individual speech, or political speech. It is commercial speech. A firm has been paid to sell an idea. The same way another firm has been paid to sell a bottle of shampoo.

    18. Re:Bad summary by RexRhino · · Score: 1

      Astroturfing is much more akin to ADVERTISING than honest opinion. It is not individual speech, or political speech. It is commercial speech. A firm has been paid to sell an idea. The same way another firm has been paid to sell a bottle of shampoo.

      Except that the government does not want to supress shampoo comercials, the same way it would like to supress political speech that is critical of it's policies. G. W. Bush could care less if you like Head & Shoulders better than Herbal Essensces Shampoo... but he may push to have your Free-Speech Licence taken away if you blog against the war in Iraq.

      You cannot have a democratic society, without political speech that completly free and unrestricted.

    19. Re:Bad summary by greppling · · Score: 2, Insightful

      What a non-sense. Under the bill, you would still be completely free to voice your opinion. Except that you would have to admit publically IF you are getting paid to promote this opinion. You could still use your free speech, except that your readers would know that you are getting paid for it, and it would be in their judgment whether they continue to trust you.

      When I read a newspaper, I want to know who is running it. When I see an election ad, I want to know who is paying for it. When I read an op-ed, I want to know the affiliation of the author. When I read a blog, I would like to know in case this blogger is getting paid 100,000$ to promote his opinion while trying to make it look like a private blog. This has nothing to do with preventing free speech, just with making free speech work.

    20. Re:Bad summary by alienmole · · Score: 1

      Yeah, but the solution to that is not to require advertisers to register with the federal government and be required to file reports about their advertising activity.

    21. Re:Bad summary by Kohath · · Score: 1

      Under the bill, you would still be completely free to voice your opinion. Except that you would have to admit publically IF you are getting paid to promote this opinion.

      And if you don't, you're not free to voice your opinion. And being not free, it's an infringement on free speech.

      You could still use your free speech, except that your readers would know that you are getting paid for it, and it would be in their judgment whether they continue to trust you.

      It's that word "except" that should clue people in on whether the bill infringes on free speech. The First Amendment doesn't contain the word "except".

      When I read a newspaper, I want to know who is running it. When I see an election ad, I want to know who is paying for it. When I read an op-ed, I want to know the affiliation of the author. When I read a blog, I would like to know in case this blogger is getting paid 100,000$ to promote his opinion while trying to make it look like a private blog.

      And the First Amendment doesn't care what you want. Freedom doesn't depend on what you want. Why should anyone care what you want?

      I want a new Mercedes convertible. Where's the bill that gives us all what we want?

      This has nothing to do with preventing free speech, just with making free speech work. ...the way you want it to.

      Speech that everyone wants doesn't need to be protected. Free speech protections are needed for when you're saying something that someone doesn't want.

  25. I'm sorry, but I wasn't taken in... by gillbates · · Score: 1, Insightful

    It is my honest opinion that this was bad legislation. Yes, I know most blogger wouldn't be affected, but organizations like the EFF would have been.

    For a non-profit organization, even small expenses can make or break the efforts of the organization. There are a lot of non-profit organizations that have only a handfull of staff, yet influence thousands or millions of people. Groups like the ACLU and Planned Parenthood - which are generally well funded - are the exception, rather than the rule. Political advocacy for minority causes is generally not big business. Especially when said minority opinions are held by the poor or politically disenfranchised.

    Furthermore, this legislation would remove the ability of politically influential bloggers and organizations to remain anonymous. It would provide a nice "tool" for an oppressive regime to eliminate dissent. Our Constitutional Rights are important, even if the average blogger is not affected! It's a matter of principlel, one I would expect the /. crowd to understand, considering all of the harping they do about Constitutional liberties.

    Organizations like the FSF, EFF, and FIRE would probably be considerably affected by this legislation.

    --
    The society for a thought-free internet welcomes you.
    1. Re:I'm sorry, but I wasn't taken in... by Lars+Clausen · · Score: 3, Insightful

      So the FSF and EFF pay their bloggers $100000 or more a year? I know a guy in the EFF who'd feel rather cheated if that were the case.

      -Lars

    2. Re:I'm sorry, but I wasn't taken in... by Slithe · · Score: 1

      It was $25,000 per quarter. That does not mean the bloggers are receiving money for the whole year.

      --
      ---- "XML is like violence. If it doesn't fix the problem, you aren't using enough."
    3. Re:I'm sorry, but I wasn't taken in... by gillbates · · Score: 1

      No, they only have to spend 100,000 a year combined. Which includes all costs of the campaign, including postage, bandwidth, administration and equipment costs, etc... Think about it - buying a $100,000 server and depreciating it over 2 years would get you halfway toward the reporting requirements.

      --
      The society for a thought-free internet welcomes you.
    4. Re:I'm sorry, but I wasn't taken in... by RexRhino · · Score: 1

      So the FSF and EFF pay their bloggers $100000 or more a year? I know a guy in the EFF who'd feel rather cheated if that were the case.

      So no-one who blogs in favor of the EFF makes more than $100,000 a year? Because if they do, it doesn't matter if they get paid directly by the EFF or not. The people in power who might dislike the EFF could argue that the person was being indirectly paid for blogging... that they recieved their $100,000 a year job at Hypothetical Electronics Inc. with the understanding that they would blog in favor of the EFF.

      Even if there isn't evidence enough to convict you of "Blogging Without a Licence"... there would be the legal costs of defending yourself, the legal costs Hypothetical Electronics Inc. would have in defending themselves... Hypothetical Electronics Inc. would most likely not allow their employees to blog anymore, as they could make them a target for investigation... there would be the damage to your reputation that comes with being investigated for such a thing. The power it would give the government to go after those who are critical of its policies would cause a chilling effect on blogging and freedom of speech. These kinds of laws are designed as tools to attack political rivals, not so protect the public.

  26. Free speech for me, not for you. by DBett · · Score: 2, Insightful

    Being /. it's claiming that it was a good provision because it was not really about targeting free speech, but rather about targeting a "tarnished" "backroom" "conservative." That being the goal, anything goes.

    1. Re:Free speech for me, not for you. by Anonymous Coward · · Score: 0

      the "tarnished" adjective referred to all backroom players, not just the conservative ones. Moreover, the thrust of the article was that the bill should have been reworked to protect free speech, not simply killed because it would have inconvenienced an astroturf campaigner.

    2. Re:Free speech for me, not for you. by DBett · · Score: 1

      So its agreed the bill as drafted would have infringed free speech.

      But regardless, how do you "rework" it to prohibit (?) "astroturf campaigners" (which I assume means those you don't agree with - but certainly not the "true" "grassroots" groups who do the same thing) without infringing on free speech?

      The whole point of the 1st Amendments "free speech" clauses is that people have a right to attempt to influence the political process. That's what "petition the government for a redress of grievances" means. So short of bribery, leave the process alone.

  27. Re:F$%^ing idiots know jack about the law, apparen by Snarfangel · · Score: 1

    Being registered as a lobbyist doesn't seem to have slowed Jack Abromoff down any.

    Then what good would this law do?

    --
    This tagline is copyrighted material. Please send $10 for an affordable replacement.
  28. So what if I'm Alex Jones then? Watch Google Video by gd23ka · · Score: 1

    So what if I were journalist and radio host like Alex Jones (http://www.infowars.com) and I made
    a living investigating the US government and the United Nations and exposing them in
    television documentaries like you can _buy_ on DVD from hist site at http://www.infowars.com/ (
    or watch for free on http://video.google.com/

    Watch Terrorstorm http://video.google.com/videosearch?q=terrorstorm
    Watch 911 The Road To Tyranny http://video.google.com/videoplay?docid=-649546276 1605341661&q=alex+jones
    Watch The Order of Death (Bohemian Grove Exposed!) http://video.google.com/videoplay?docid=4927175064 395043413&q=alex+jones+order+of+death
    Watch Police State 2: The Takeover by Alex Jones http://video.google.com/videoplay?docid=-732845682 703884418&q=alex+jones

    Why should _he_ or anybody else for that matter register for the RIGHT to express their opinions in public
    to any arbitrarily large audience?!

  29. Re:Wow. by Anonymous Coward · · Score: 0
  30. Why, I oughta by spun · · Score: 1

    Look you toffy-nosed, malodorous pervert, I got as far as "whoever heard of a Slashdot reader" and I just had to respond. Now admittedly, I have no idea what the rest of your post may or may not say, but I've never let facts, or lack thereof, stand in my way before.

    Plenty of people have heard of a slashdot reader, only a moron would say otherwise.

    Sheesh, you people...

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  31. I smell a rat by mdsolar · · Score: 2, Interesting

    I don't have a completely fixed opinion on the astoturfing bill except that is was vauge and thus dangerous, but apparently the IRS is getting into the same game so there is more going on I think: http://slashdot.org/~Ungrounded+Lightning/journal/ .

    I think you need to be logged in to see this link.

  32. astroturfing wrong target by beatnikmao · · Score: 1

    To me the problem isn't as much the lobbyists and astroturfers as it is the willingness of those in Congress to take their gifts, payments, etc. I am sure many of them are upset that this bill was defeated, if this new group of people had to register, it would have been so much easier for the members of Congress to figure where to get their new "donations." Once Congress starts making laws that puts strict penalties on them getting caught taking this money, then I will be impressed.

  33. It doesn't matter what the ATA by tweek · · Score: 1

    was trying to accomplish.

    I was opposed to this legislation for the same reason I was opposed to McCain-Feingold - it's a restriction on freedom of speech.

    I don't care if a campaign is astroturf or if a group wants to get together and pay for an advertisment for a candidate.

    Sure SCOTUS disagrees with me on McC-F, but I still feel that way.

    --
    "Fighting the underpants gnomes since 1998!" "Bruce Schneier knows the state of schroedinger's cat"
  34. Re:So what if I'm Alex Jones then? Watch Google Vi by tinkerghost · · Score: 1
    So what if I were journalist and radio host like Alex Jones (http://www.infowars.com) and I made a living investigating the US government and the United Nations and exposing them in television documentaries like you can _buy_ on DVD from hist site...[snip]...Why should _he_ or anybody else for that matter register for the RIGHT to express their opinions in public to any arbitrarily large audience?!

    Is he being paid to express his opinions/do journalistic research or is he a contractor to a PR firm trying to get a 'grassroots' campaign started to promote his employers agenda? The wording of the ammendment made clear that you had to do 2 things to fall under it:

    1. Reach more than 500 people - ie don't waste our time & money with de-minimus
    2. be paid to present a stance and attempt to create a 'grassroots' movement

    So, unless you take money to present a specific opinion & attempt to influence government by having your readers contact their representatives, you don't have to register as a political lobyist. This is just an attempt to do with blogs what is already manditory with radio, television, and print - If you take money to work for a political lobby, you have to register, hell in traditional media, you have to identify your affiliation on every add/interview.

    So for Alex Jones, he doesn't qualify. He's a journalist who presents his facts & then tells people to take action. If he starts taking money from a PAC specifically to expouse a specific POV and astroturf for them, then yes, he does need to register, because he is no longer expressing his opinion he is expressing the opinion a PAC paid him to express. Hence the original title - paid for speach is not free speach & is not subject to the anonymity provisions which accompany the first ammendment.

  35. Re:Biased summary....And to that effort I say, Fuc by Anonymous Coward · · Score: 0

    "At the end of the day this was an attempt by government to limit the amount of communication they get from the unwashed masses. And to that effort I say, Fuck You Very Much, thank you"

            An attempt by the government,what? This was a blatant attempt by Democrats and their liberal/progressive/whateverthefucktheircallingthe iremptyideologytoday to stop the juggernaut of alternative information outlets from countering the liberal mediaopoly that walks in total lock step with the leftist agenda.

  36. Groupthink on both sides by alienmole · · Score: 2, Insightful

    Posting bill text might not have been as useful as you think, unless it went along with a pretty detailed analysis, because there was a lot of interaction between different sections.

    As for groupthink, that was happening on both sides, and still is (except now the default direction of the groupthink is reversed). Section 220 had a problem in it, which The Register article mentions. That problem is exactly what was bugging me about the bill: that anyone paid enough to do "stimulation of grassroots lobbying" would have had to register as a lobbyist, and be subject to lobbying regulations, even if they have no direct contact with public officials. That's a heavy-handed way of dealing with the problem, and I think that it could even run afoul of the first amendment. So given the flawed nature of Sec 220, people on both sides had a point. In its proposed form, though, I'm glad the section was rejected.

  37. It's not a problem, it's the point! by MarkusQ · · Score: 1
    One problem with section 220, though, is that it would have required the PR firm in your example to register as a lobbyist if they met the income threshold, even though they have no direct contact with public officials.

    That's the whole point. If Alice in Acapulco asks Bob to drop a package off at Carol's house in Chicago, and unbeknownst to Bob the package is full of drugs, isn't Alice responsible even though she had no "direct contact" with the drugs? If Dave hires Eddie to kill Frank, is Dave in the clear because he has no "direct contact" with Frank? If a PR firm creates a blog or some other form of astroturfing operation full of (possibly inaccurate) information and urges people to contact their congress critters on the basis of it, aren't they lobbying just as surely as if they had hand delivered the stuff themselves?

    --MarkusQ

    1. Re:It's not a problem, it's the point! by alienmole · · Score: 1

      The problem is you're tarring all people in that situation with the same brush. To follow your example, Bob and everyone else who delivers packages would have to register his package delivery with the DEA, or something, because they might contain drugs.

      Remember my Al Gore example? If you have someone who's blogging on a subject that they feel strongly about, and some lobbyists who supports their position decides they want to support them, as soon as the money involved adds up to enough, the moral blogger in question becomes a lobbyist, subject to lobbying regulations. I don't agree with that, and I do consider it a restriction on free speech.

      If a PR firm creates a blog or some other form of astroturfing operation full of (possibly inaccurate) information and urges people to contact their congress critters on the basis of it, aren't they lobbying just as surely as if they had hand delivered the stuff themselves?

      No. You're forgetting that it's still up to the consumers of the information to use their discretion. As I mentioned early on in our previous exchange, if the electorate simply follows the instructions of random bloggers, that's a problem with the electorate, and laws which have the effect of inhibiting people from accepting money for certain kinds of blogging, or other PR activities, won't fix that problem.

  38. Re:F$%^ing idiots know jack about the law, apparen by operagost · · Score: 1

    Well, technically he's right, as it's a right not explicity granted, but implied. That, of course, doesn't mean it's not a right (which is spelled out in the 10th Amendment).

    --

    Gamingmuseum.com: Give your 3D accelerator a rest.
  39. You, for example? by MarkusQ · · Score: 1
    Seems to me you might have a problem distinguishing them from people who have a legitimate problem with the amendment.

    That is an interesting point. I assume you are talking about people like yourself, who persist in raising essentially the same objections even after it has been repeatedly pointed out (and, in some cases, conceded) that they are misrepresenting the issue at hand? I must admit that I am puzzled about this myself. From your posts on other topics you don't seem like an astroturfer, but yet you have persisted in posting the same misleading spin on this topic time and time again.

    Why is that?

    --MarkusQ

    1. Re:You, for example? by alienmole · · Score: 1

      I'm not misrepresenting the issue. My objection is more or less the exact same one described by the Register article as a problem with the legislation that needed to be fixed. In one of the posts you point to, I wasn't sure at the time, based on conflicting information that I'd read, whether the registration requirement only applied to persons who already qualified to register as lobbyists, which would have made the whole thing more or less moot. It turns out that wasn't the case. I found this out independently from examining the law myself and reading a position paper by a group that was in favor of Sec 220. For me, that aspect of the amendment was essentially a poison pill -- without it being fixed, I don't believe the amendment should have passed.

      I apparently disagree with you politically in certain ways, particularly in the degree to which the law should be used to attempt to control or inhibit what people say. But characterizing my disagreement with you as "misleading spin" is pretty much a Bill O'Reilly tactic. You also seem disturbingly close to accusing anyone who disagrees with you of being an astroturfer.

      When you get to the point of thinking that you're so unequivocally right about your position that there must be something wrong with anyone who disagrees with you, you put yourself in a really interesting category along with such notables as Osama Bin Laden, Sen. Joseph McCarthy, and (allegedly) George Bush Sr[*]. As the latter example shows, it's a pretty natural human response, but you should try to moderate it if possible.

      [*] "No, I don't know that atheists should be considered as citizens, nor should they be considered patriots. This is one nation under God."

  40. The Morale? by bkirkby · · Score: 1

    The morale of this story is that net neutrality and freedom of speech MUST be protected..... unless it's by someone we don't like!

    bravo register and /.

    1. Re:The Morale? by Socguy · · Score: 1

      This is a very interesting issue to me, and I haven't totally made up my mind, one way or the other. Firstly, I think we can all agree that the principal of free speech - overall - is of vital importance to any democracy. The public needs information to properly make decisions; they need to be able to hear all sides of an issue.

      In this particular bill, I see both sides having a credible argument in actually protecting the principal of free speech. On one hand, we have the anti-registration forces who say that registration removes anonymity and therefore puts pressures the individual to perhaps 'be a little more careful with what they say'. On the other side, the pro-registration forces counter with the issue of the public right to know if a speaker is being funded in their opinions. At first glance, you may ask what the public right to know has to do with freedom of speech. Well, it seems to me - and I'm sure someone out there will take issue with this - that by receiving payment for speaking your position, allows some voices to speak louder than others solely on the basis of resources. (By some voices, I mean whomever may be writing the cheque.) By enabling a louder voice, others are dampened.

      As I sit here and think about this, I'm starting to solidify my position: I think the idea behind this bill is a good one, but (judging from previous posts) the implementation was a little off. I think I would have no problem supporting a tightly written bill, requiring large scale campaigns to disclose who they are paying to spread their message, although I would certainly not support a bill which block anyone's right to say whatever they wished.

      S.

  41. Not at all by MarkusQ · · Score: 1
    The problem is you're tarring all people in that situation with the same brush. To follow your example, Bob and everyone else who delivers packages would have to register his package delivery with the DEA, or something, because they might contain drugs.
    Not at all. Bob and the UPS play the roll of the astroturf "blog"'s readers who are duped into contacting their legislators by the astroturfer's lies (here played by Alice the drug smuggler). There is no restriction at all on them.
    Remember my Al Gore example? If you have someone who's blogging on a subject that they feel strongly about, and some lobbyists who supports their position decides they want to support them, as soon as the money involved adds up to enough, the moral blogger in question becomes a lobbyist, subject to lobbying regulations. I don't agree with that, and I do consider it a restriction on free speech.

    Do you remember my response? Unless they are charging money specifically for pushing that particular agenda, it's a non-issue. But if they are, then yes, they are lobbying. To see the problem, let's look at the same structure in a slightly different context:

    If you have someone who's writing favorable reviews of a product that they feel strongly about, and the manufacturer of the product decides they want to support them, as soon as the money involved adds up to enough, the previously moral reviewer in question becomes a shill...

    Having paid spokespeople pretend to be independent isn't free speech, it's fraud. And no one, in any of this is saying that they can't write whatever they want, or that they can't be paid, only that they can't be paid under the table. Free speech is about being able to say whatever you want, not about being able to say whatever you are paid to say without revealing that you're only saying it because you were paid. That's why ads that look too much like news articles have a little box printed around them saying "advertisement" and why Google ads are set off in a different color and why actors who endorse products have to say things like "I'm not a Doctor, even though I do play one on television" before they sell snake oil.

    ...laws which have the effect of inhibiting people from accepting money for certain kinds of blogging, or other PR activities...

    Again with the misrepresentation. This is just flat out illogical, unless you are claiming that 1) everything is on the up and up and 2) they won't get paid unless they keep it a secret.

    You can't have it both ways; either everything is fine, in which case having public record of the transaction shouldn't be a problem, or the whole enterprise depends on it being done under the table, in which case I don't see how you can justify the position that everything is hunky-dory. And before you start off on any red herrings, remember that the law specifically excluded things like donations from members of an organization, ad revenue, pay received by employees writing on behalf of an organization, etc.

    --MarkusQ

    1. Re:Not at all by alienmole · · Score: 1
      Unless they are charging money specifically for pushing that particular agenda, it's a non-issue. But if they are, then yes, they are lobbying.

      No, they're not. Lobbying is a regulated activity that involves dealing with public officials.

      Having paid spokespeople pretend to be independent isn't free speech, it's fraud.

      Actually, I don't think it rises to the legal definition of fraud, but I agree with your sentiment. As I said before, I'd be perfectly in favor of a law which required anyone receiving money for the activities in question, to disclose that along with the rest of their message. What I object to is the requirement to register, at a federal level no less, and be classified and subject to laws as though you were someone who directly lobbies public officials.

    2. Re:Not at all by MarkusQ · · Score: 1
      Unless they are charging money specifically for pushing that particular agenda, it's a non-issue. But if they are, then yes, they are lobbying.
      No, they're not. Lobbying is a regulated activity that involves dealing with public officials.

      Can you give me even one example of a regulated activity (anything requiring licensing, registration, etc. or which is prohibited by law, requires certification of some sort, or inspection or record keeping, etc.) where you can hire someone to do the activity on your behalf, or even trick or cajole them into doing it for you, and as a consequence neither you or they are subject to any sort of regulation?

      One case? Under US law, or in any other legal system you can cite?

      --MarkusQ

    3. Re:Not at all by alienmole · · Score: 1

      There may very well not be any other examples of this situtation. It's a pretty unique situation, involving people who wish to promote some cause, and in so doing, affect legislation etc.; people who are willing to promote that cause by communicating with the public; and members of the public who agree sufficiently with the cause to take action and contact their representatives about it. There are some pretty important rights at play here; for example, aside from the free speech issue which we disagree on, what individual citizens choose to communicate to their representatives is not something that can be subjected to much regulation.

      Lobbying regulation has to do with things like what representatives pay to fly on private jets, what kinds of gifts are acceptable, disclosure of gifts, and other things that have to do with the relationship between lobbyists and those being lobbied. Those laws have a lot less to do with the situation in question here. If companies involved in "stimulation of grassroots lobbying" are to be regulated, it will have to be done in a way that respects the right of people to communicate with each other, and even pay each other to perform communication activities. You cannot claim that "stimulation of grassroots lobbying" is not inherently a communication activity, and that's part of where your argument that this has nothing to do with speech falls flat.

  42. Let's focus on one fact by MarkusQ · · Score: 1

    I'm not saying that anyone that disagrees with me is an astroturfer. I'm saying that that I do not understand why you persist in treating this as a free speech controversy when it clearly, demonstrably, was not and the point has been made to you, over and over, by several people, myself included.

    The section in question had nothing to do with speech and everything to do with taking money. As I've explained several times, the provisions were completely independent of whether you even say or write anything (you would have been required to register for taking $30,000 to send a million e-mails, even if you never sent the e-mails). Conversely, you could say and write whatever you wished, and earn as much money as you cared to from your blog (or spam farm, or whatever) so long as you never took money from clients for specifically urging people to contact their congress critters.

    You never seem to respond to this point, instead just ignoring it in your response or popping up elsewhere with essentially the same "it's all about free speech" claim.

    Why is that?

    When you get to the point of thinking that you're so unequivocally right about your position that there must be something wrong with anyone who disagrees with you,...[amusing attempt at a smear job snipped]

    OK, so disagree. I've shown that they are logically independent (with full links to the text of the bill in the earlier cases). Can you offer some logical, fact based argument to the contrary? Because I'm not claiming that you have disagreed with me; I'm claiming you have persisted in making factually incorrect statements long after it has been pointed out to you that they are factually incorrect. There's a difference.

    --MarkusQ

    1. Re:Let's focus on one fact by alienmole · · Score: 1

      I don't agree that you've shown anything about the factual incorrectness of the point about free speech. A relevant court decision might do so. However, courts have upheld the connection between money and speech, for example, which is why it's difficult to place legal limits on campaign financing.

      Your argument that the bill is independent of whether you say or write anything seems simply disingenuous to me. The argument only appears to succeed by focusing on a narrow aspect of the situation, and ignoring the inevitable effects of the bill. Courts can't be so selective in how they interpret the law, particularly the Constitution.

      In the scenario I've described multiple times, a person who is writing out of conviction, but who accepts sufficient financial support for that writing from anyone who might otherwise have hired a lobbyist, would find themselves in the position of having to register federally as a lobbyist. That would certainly inhibit many people and small firms. The chilling effect here is not just on the previously uninhibited speech of someone such as a blogger, but also on the ability of an organization to get its message out. Like it or not, in a country of 300 million people, communicating with large numbers of people involves money. The exchange of money between an organization that's trying to promote some cause, and someone who's willing to promote that cause is not something that can constitutionally be subjected to the kind of regulation that was proposed in this case.

      I see the purpose for lobbying legislation and regulations related to people dealing directly with public officials. I do not think that the same kind of legislation and regulations can automatically be applied to these other situations.

      Because I'm not claiming that you have disagreed with me; I'm claiming you have persisted in making factually incorrect statements long after it has been pointed out to you that they are factually incorrect. There's a difference.

      I could make the same statement about you (that's a hypothetical; I'm not doing so, since I respect your right to disagree with me, as foreign as you seem to find that concept!) The point is that because you think you've demonstrated some point definitively, doesn't make it so, and these meta-arguments don't get us anywhere.

    2. Re:Let's focus on one fact by Impotent_Emperor · · Score: 1

      Given MarkusQ's persistance in this debate and the YouTube link in his signature, I can come to only one conclusion: MarkusQ is an astroturfer for the Socialist Establishment. He must be teaming up with the aliens who tried to probe me.

    3. Re:Let's focus on one fact by MarkusQ · · Score: 1
      I don't agree that you've shown anything about the factual incorrectness of the point about free speech. A relevant court decision might do so. However, courts have upheld the connection between money and speech, for example, which is why it's difficult to place legal limits on campaign financing.

      It isn't a legal issue, it's simple logic. There are four variables:

      • W = writes or says something/does not write or say anything,
      • C = charges / does not charge a client for astroturfing,
      • R = Registers / does not register within 45 days,
      • S = subject to penalties under the bill as proposed.

        This gives 16 possible cases, and if you work them out and solve for S you will see that W (the free speech question) doesn't enter into it at all.

        S = C and not R

        The only people who would be subject to any penalties would be people who charged a client to astroturf on their behalf but did not register that fact within forty five days. This is true regardless of whether they said or wrote or did not say or write anything whatsoever, on any topic.

        Your argument that the bill is independent of whether you say or write anything seems simply disingenuous to me. The argument only appears to succeed by focusing on a narrow aspect of the situation, and ignoring the inevitable effects of the bill. Courts can't be so selective in how they interpret the law, particularly the Constitution.

        It only appears to succeed by focusing on what the bill actually said, and ignoring Richard Viguerie's misrepresentation of it. I don't know what you mean "courts can't be so selective", but I do know they tend to read the law itself and ignore what shills write about it, same as I try to.

        n the scenario I've described multiple times, a person who is writing out of conviction, but who accepts sufficient financial support for that writing from anyone who might otherwise have hired a lobbyist, would find themselves in the position of having to register federally as a lobbyist.

        No they would not -- unless they specifically billed a client for pushing certain issues, they would not be affected. The bill was quite clear that they could accept donations, take ads, be supported by their readers or members of an organization for which they wrote, etc. even if they earned millions of dollars doing so, and it would not affect their status.

        --MarkusQ

    4. Re:Let's focus on one fact by alienmole · · Score: 1

      Of course this is a legal issue. What I meant by "courts can't be so selective" is that they can't apply logic to one specific area and ignore the consequences outside other relevant areas, as you are trying to do. Attempting to require federal registration for accepting money in exchange for some activity might be fine in some cases, but in this case the activity in question is the exercise of the constitutionally-protected right of free speech. That's inevitable by the wording of the law in question: "stimulating grassroots lobbying" is impossible without speech. You're attempting to logically separate the monetary exchange from the activity being contracted for, but that makes no sense, legally or logically. Without the promise of the activity, the monetary transaction would not occur. The promised activity involves the exercise of speech. It doesn't matter whether people in individual cases fulfill their promises, the point is that in those cases in which the promises are fulfilled, the exercise of free speech would be inhibited by the requirement to register with the federal government. The right to free speech does not evaporate because someone accepts money to make that speech.

      Your use of language is quite revealing of your thinking, and where I think you're making a mistake: "people who charged a client to astroturf on their behalf". You seem to be taking the position that all "stimulation of grassroots lobbying" is astroturfing, and you're treating this amendment as though it were designed to regulate astroturfing, not stimulation of grassroots lobbying. Perhaps you do see the two as synonymous. I don't. Plenty of perfectly honest and legitimate groups, across the political spectrum, communicate their perspective via blogs (and other means), and encourage people to contact their representatives. Not all such efforts are astroturfing, even if money changes hands.

      No they would not -- unless they specifically billed a client for pushing certain issues, they would not be affected.

      Why should billing a client for pushing a certain issue, to the general public, trigger the requirement to register as a lobbyist? Take, for example, the woman described in this article. She blogs about various issues -- the article describes her entry about Darfur. So here we have a passionate citizen, who (if you read to the end of the article) succeeds in getting people to contact their representatives about issues she feels strongly about. So let's say she decides she is good at this, and finds it fulfilling work, and decides to start soliciting payment for what she does, as long as it's for issues she agrees with, perhaps even personally chooses. So in the next three months she comes up with five issues she feels strongly about, and finds five organizations willing to pay her $5000 each to write about that issue, and encourage people to contact their representatives. At that point she would become a lobbyist under Sec. 220, and would have to register with the federal government, comply with most of the laws that are supposed to apply to lobbyists, and file reports about her activities. I find that prospect utterly abhorrent. It sounds like Soviet Russia, or a science fiction dystopia novel to me.

      You might argue that the scenarios I'm describing aren't happening very much. It doesn't matter -- if laws like this are passed, we'll never know what can happen. Blogging is a very new medium, and it's only barely begun to have the political impact that it will have in the future. We shouldn't be hurrying to pass laws that could inhibit this kind of activity. Transparency is a good thing, and I'm completely in favor of that, but this law wasn't about transparency, it was about control. Laws like this will work against the little guy, and favor well-funded organizations that can afford to keep up with the reporting requirements. This is anti-democra

    5. Re:Let's focus on one fact by MarkusQ · · Score: 1

      *sigh*

      I note, in passing, that you still haven't addressed the key issue--you have offered absolutely no substantiation of your oft repeated claim that the bill would have regulated free speech in any way shape or form (simply repeating the claim and wringing your hands about the consequences doesn't make it true--or convince anyone with half a brain).

      But since a "no I can't substantiate the claim" isn't your style, and you appear to be as stumped as I am about how to prop up your irrational arguments, you seem to have hit upon the only half-way decent strategy: introduce even more illogical arguments and throw out some addition unsubstantiated claims to muddy the waters.

      For example:

      1. Speech is involved, therefore speech is being regulated
        That's inevitable by the wording of the law in question: "stimulating grassroots lobbying" is impossible without speech. You're attempting to logically separate the monetary exchange from the activity being contracted for, but that makes no sense, legally or logically.

        This would be a great argument if it stood up to even a moment's scrutiny. Suppose you are accused of soliciting an act of prostitution. Not a problem. Soliciting prostitution is impossible without speech, therefore the laws against it are unconstitutional. Oh and you're also charged with verbally assaulting the arresting officer? No problem. Verbal assult isn't possible without speech, so that one's out the window too.

        Let me know how that works out for you.

      2. Not all "stimulation of grassroots lobbying" is astroturfing so therefore none of it is lobbying.

        You seem to be taking the position that all "stimulation of grassroots lobbying" is astroturfing, and you're treating this amendment as though it were designed to regulate astroturfing, not stimulation of grassroots lobbying. [...]Plenty of perfectly honest and legitimate groups, across the political spectrum, communicate their perspective via blogs (and other means), and encourage people to contact their representatives. Not all such efforts are astroturfing, even if money changes hands.
      3. If the law said what misrepresent it as saying, some innocent woman who decided to become a lobbyist might be put in a situation that sounds like Soviet Russia to me, so my claim must be correct.

        Take, for example, the woman described in this article. [...] here we have a passionate citizen, who (if you read to the end of the article) succeeds in getting people to contact their representatives [... she] decides to start soliciting payment [...] finds five organizations willing to pay her $5000 each to [...] encourage people to contact their representatives. At that point she would become a lobbyist [...] and would have to register with the federal government, comply with most of the laws that are supposed to apply to lobbyists [...] I find that prospect utterly abhorrent. It sounds like Soviet Russia, or a science fiction dystopia novel to me.
      4. If laws like the one pretending this one is were passed, we'll never know what can happen.
      5. I know what this law was really about.

        Transparency is a good thing, and I'm completely in favor of that, but this law wasn't about transparency, it was about control.

        Uh, where do you see that?

      If you are going to respond again, please don't bother with the blather, just answer the question from six level back or admit that you are talking through your hat.

      --MarkusQ

  43. It Could Be Fixed by Anonymous Coward · · Score: 0

    > The bill would have infringed the right of free speech. It's actually quite clear.

    Well, I'll grant you--the registration part was just stupid. There's no need for that. Instead, they should require companies to publicly disclose how much they spent on astroturfing and who they had do it as well as the converse, requiring those doing the astroturfing to publicly disclose who paid them.

    That, I have no problem with, because it doesn't require you to do anything in order to speak, nor does it forbid any speech, but it DOES require you to account for what you're doing.

  44. Re:So what if I'm Alex Jones then? Watch Google Vi by Anonymous Coward · · Score: 0

    So for Alex Jones, he doesn't qualify.

    But that's where you miss the point... under Section 220, it would have been plausible the Alex Jone would have qualified and would have been held to high and arguably burdensom reporting requirements.

    This section of the act among other things greatly broadened the definition of a lobbyist. Additionally, there were a number of vague items that while perhaps not the original intent could have been stretched in the future to attack entities not in favor with whichever group might be in power at that point.

    Anonymous coward since the 90s but not paid (or unpaid) shill of corporacy.

  45. Re:So what if I'm Alex Jones then? Watch Google Vi by Anonymous Coward · · Score: 0

    I've found a good general rule in these discussions: if you spell it "speach", you do not have sufficient care of thought to put forth a valid opinion on the subject.

  46. [censored] by bobbuck · · Score: 1

    What if I have to register to speak and the wonders of modern bureaucracy don't give me my "this guy is allowed to talk" card in time to affect the changes I want? Say the legislature is proposing a bill that would require homosexuals to drive pink cars. (Stay with me here; there are stupider laws on the books.) I want to start a grass roots blog to oppose it. I eagerly apply and six months after the bill is passed I get my approval to start blogging. Do you still think this is a good idea?

  47. Why isn't this modded off-topic? by Anonymous Coward · · Score: 0

    I love how warm and fuzzy it makes me feel, BUT IT'S STILL OFF TOPIC.

  48. registering and free speech by falconwolf · · Score: 1

    Where's the censorship? Registering as a lobbyist sure as HELL doesn't restrict access or speech. All it does is label you as what you are. That's like saying states that ask for party identification when you register to vote are keeping you from voting.

    Actually requiring registration for political speech is a violation of free speech. The UCCS Justices have ruled as far back as the early 1800s anonymousity is an importnat part of political speech, that if a person couldn't speak while remaining anonymous then they couldn't enjoy free speech. As one court ruled: ''Anonymous pamphlets, leaflets, brochures and even books have played an important role in the progress of mankind. Persecuted groups and sects from time to time throughout history have been able to criticize oppressive practices and laws either anonymously or not at all . . . Here's a search of Findlaw on "anonymous speech" "first amendment". Most of them are comments or editorials, but some have USSC rulings.

    Falcon
    1. Re:registering and free speech by falsified · · Score: 1

      Once again, paid speech on behalf of a political campaign is advertisement and should be treated as such. The general rule is that if you get a W-2 for what you're doing, it's susceptible to regulation. Thomas Paine it ain't.

      --
      HI, MY NAME IS ISAAC.
  49. It's not the situation that's unique... by MarkusQ · · Score: 1
    There may very well not be any other examples of this situtation. It's a pretty unique situation,

    It's not the situation that's unique, it's your interpretation.

    You are proposing a novel theory of how the world works, and I was asking for an example (any example) of where it works like you seem to think it does. Are you admitting that you can't think of any either? If that is the case, on what basis to you support the claim that your interpretation should be taken seriously?

    Because, if you can't come up with something more plausible, the rest of the "think of the children--I mean, think of the Constitution!" structure falls flat on it's face.

    --MarkusQ

  50. finances not speech? by falconwolf · · Score: 1

    This is all about finances, not speech. If you are being paid millions of dollars to do lobbying work, you shouldn't be shielded from the law just because you pretend that you are an independent, unpaid blow-hard, and not a professional blow-hard.

    If you had read the original bill you would have seen how a blogger with less than 500 members did not have to register, but it also said nothing about one who had 500 or more. So if a person had 500 people who read the blog it could of been considered as being paid.

    Falcon
    1. Re:finances not speech? by NiteShaed · · Score: 1
      If you had read the original bill you would have seen how a blogger with less than 500 members did not have to register, but it also said nothing about one who had 500 or more. So if a person had 500 people who read the blog it could of been considered as being paid.


      And if you had read the original bill, you would know that this is completely wrong. The 500 readership mention is in reference to an exemption.

      From the bill:
      "IN GENERAL.--The term 'paid efforts to stimulate grassroots lobbying' means any paid attempt in support of lobbying contacts on behalf of a client to influence the general public or segments thereof to contact one or more covered legislative or executive branch officials (or Congress as a whole) to urge such 1 officials (or Congress) to take specific action with respect to a matter described in section 3(8)(A), except that such term does not include any communications by an entity directed to its members, employees, officers, or shareholders."

      Saying that somehow simply having more than 500 readers constitutes "payment" is pure FUD.
      --
      Some bring out the best in others, some the worst. Some bring out far more.
    2. Re:finances not speech? by falconwolf · · Score: 1

      From the bill:
      "IN GENERAL.--The term 'paid efforts to stimulate grassroots lobbying' means any paid attempt in support of lobbying contacts on behalf of a client to influence the general public or segments thereof to contact one or more covered legislative or executive branch officials (or Congress as a whole) to urge such 1 officials (or Congress) to take specific action with respect to a matter described in section 3(8)(A), except that such term does not include any communications by an entity directed to its members, employees, officers, or shareholders."

      Saying that somehow simply having more than 500 readers constitutes "payment" is pure FUD.

      From the same pdf:
      The term 'paid attempt to influence the general public or segments thereof 'does not include an attempt to influence directed at less than 500 members of the general public.

      Simply if a blog had 500 or more "members" they could of been made to register, which is exactly waht I had said which you said is wrong.

      Falcon
    3. Re:finances not speech? by NiteShaed · · Score: 1
      From the same pdf:
      The term 'paid attempt to influence the general public or segments thereof 'does not include an attempt to influence directed at less than 500 members of the general public.

      Simply if a blog had 500 or more "members" they could of been made to register, which is exactly waht I had said which you said is wrong.

      and the reason I said you are wrong is.....you are wrong.

      If you are paid to attempt to influence less than 500 people, you are exempt. If you are paid to influence more than 500 people, you are not exempt. If you are not paid, you don't have to register as a paid lobbyist because you are not a paid lobbyist.

      I see now that the problem isn't that you didn't read it, it's that you just don't understand it.
      --
      Some bring out the best in others, some the worst. Some bring out far more.
    4. Re:finances not speech? by Anonymous Coward · · Score: 0

      This is incorrect. Under the bill, you must meet three criteria before you're required to register:

      1) A client must be paying you specifically to stimulate grassroots lobbying on behalf of that client.

      2) You must be earning or spending at least $25,000 every 3 months upon that effort.

      3) Your effort must be directed at an audience of 500 or more people.

      Under the bill, if any of those don't describe you, then you don't have to register. All three criteria must be met before you need to register.

  51. My creds by MarkusQ · · Score: 1
    Given MarkusQ's persistance in this debate and the YouTube link in his signature, I can come to only one conclusion: MarkusQ is an astroturfer for the Socialist Establishment. He must be teaming up with the aliens who tried to probe me.

    *laugh* Not even close.

    I'm a charter member of the "Republicans who hate Bush" club, a fiscal conservative who doesn't believe that corporations are "people" and doesn't like being lied to. At this very moment I'm sitting in a room full of boxes which I hope will soon be shipped back to the US, with me to follow shortly. I've got no TV, no radio, and most of my books are either in storage or in the aforementioned boxes, so I'm cruising the tubes and standing up for logic, truth, and The American Way while I wait. No one is paying me to do this. There are some crazy people out there, but not that crazy.

    --MarkusQ

    P.S. I shouldn't just single out Bush. I also can't stand his buddy Lieberman, McCain, Hillary Clinton, Cheney, Kerry, Rahm Emanuel,...well, let's just say that there aren't a lot of elected officials these days that I do like.

  52. There was a time by dsanfte · · Score: 1

    There was a time in the western world, when it was unified under a common government, culture, and language; where the citizens enjoyed peace and protection across the known world.

    This was during the reign of the Roman emperors, and it was not some happy coincidence. These various peoples didn't unite willingly, but once they had, the resulting state of affairs was the best it would ever be for a thousand years thence.

    No, not a king, but an emperor.

    --
    occultae nullus est respectus musicae - originally a Greek proverb
  53. bad ads? by falconwolf · · Score: 1

    Ford shouldn't be allowed to run ads for Chevy cars that make them look bad, for example. Why not?

    Because society is better served by requiring companies to be truthful in their advertising

    And what if the ad is true? Wouldn't it serve the public for Ford to let people know that GM refuses to do the right thing - recall its dangerous C/K pickup trucks?

    Falcon
    1. Re:bad ads? by nasch · · Score: 1

      As I said, what I meant to say and didn't explain well, is that Ford cannot run ads that appear to be coming from Chevy.

  54. what registering for free speech means by falconwolf · · Score: 1

    I would certainly not support a bill which block anyone's right to say whatever they wished.

    Fortunately some USSC Justices have felt and ruled that anomynity is an important part of free political speech. If a person could not remain anonymous, ther ability to speak freely has been abridged or otherwise negatively impacted. By requiring registration anonymous free speech is being tossed out the window.

    Falcon
  55. Oh for crying out loud.... by NiteShaed · · Score: 1
    Since the provision was designed to silence some conservative grassroots guy, it must be okay. Surely there wouldn't be any unintended consequences.

    You appear to have not read the article, the summary, or most of the comments in this thread.....this may be an all new Slashdot personal best.

    The provision didn't silence anyone, it makes you admit that you're a paid professional lobbyist pretending to be some grassroots guy.

    Insightful? More like clueless.
    --
    Some bring out the best in others, some the worst. Some bring out far more.
  56. Re:Wow. by fredrated · · Score: 1

    This is news. Is it the fact the Slashdot was HAD that bothers you?

  57. Amazing how /. ers are for civil liberties by unassimilatible · · Score: 1
    until they find an exercise thereof that they disagree with. Just because SCOTUS got McCain Feingold wrong doesn't mean our framers (like Hamilton, who wrote Federalist articles pseudonymously)aren't rolling in their graves. Because we know SCOTUS always gets it right.

    And anonymous and pseudonymous speech is protected by the First Amendment - see Talley v California :

    Anonymous pamphlets, leaflets, brochures and even books have played an important role in the progress of mankind. Persecuted groups and sects from time to time throughout history have been able to criticize oppressive practices and laws either anonymously or not at all. The obnoxious press licensing law of England, which was also enforced on the Colonies was due in part to the knowledge that exposure of the names of printers, writers and distributors would lessen the circulation of literature critical of the government. The old seditious libel cases in England show the lengths to which government had to go to find out who was responsible for books that were obnoxious to the rulers. John Lilburne was whipped, pilloried and fined for refusing to answer questions designed to get evidence to convict him or someone else for the secret distribution of books in England. Two Puritan Ministers, John Penry and John Udal, were sentenced to death on charges that they were responsible for writing, printing or publishing books. Before the Revolutionary War colonial patriots frequently had to conceal their authorship or distribution of literature that easily could have brought down on them prosecutions by English-controlled courts. Along about that time the Letters of Junius were written and the identity of their author is unknown to this day. Even the Federalist Papers, written in favor of the adoption of our Constitution, were published under fictitious names. It is plain that anonymity has sometimes been assumed for the most constructive purposes.

    I wonder, when some lefty group launches one of their "spontaneous" demonstrations with paid protesters, should they register too?

    You "Bush is tearing up the Constitution" lefties are such fucking hypocrites. And you non-lawyers really expose yourselves as insipid when you discuss the law.

    --
    Slashdot "libertarians": Small government for me, big government for those I disagree with. -1, I disagree with you
  58. Well that was fun..... by tinkerghost · · Score: 1
    Lots of comments so let's just roll them together....
    Cascadingstylesheet said:

    What if I have an opinion, and somebody pays me to express it?

    That depends, are they paying you to express a specific opinion, or your opinion.
    also:

    Newspaper opinion columnists are paid, aren't they? Would they have to register? Does the newspaper have a website? Do they allow comments on stories? Why isn't that a blog?

    The average columnist does NOT have to register for the simple reason that they are paid to write columns expressing their opinions on current events. They are not being hired to write individual columns with specific topics & agendas. If they are paid to write a specific column with a specific agenda of motivating people to take a specific political action, then they are not expressing their opinion, they are contractiors lobbying for another group. The wording was specific that you had to be paid to simulate a grassroots movement. So, if you get up on the soapbox & shout your own opinions, it doesn't matter what you say. When the RNC pays you to stand up on that box to spout the party line, then you aren't acting as a citizen - you're a PR person lobbying the people instead of directly to congressmen.

    rexrhino commented:

    Requiring people to register in order to exercise their right to speech, even if they ARE paid to make the speech, is completly against the ideals of freedom of speech and public discourse.

    No, it's not, the right to free speach is garanteed to all individuals. PACs, companies, etc are not individuals and they require spokespeople. When you exercise your right to free speach, people listening to you base the value they place on what you say on what they know about you - your opinions in the past, your experiance, etc - when that reputation is bought for a political end, people have a right to know. It's called truth in advertising. Note that at the bottom of all the commercials with famous people, they have the notes that they are compensated spokespeople/satisfied users. At the bottom of all the political adds it says paid for by XXX. Those are so that the people who listen to them can identify the bias of the speaker. At no time does it limit what can be said, nor does it limit public discourse - it only limits the ability of people to hide their affiliations when they are paid to speak for a group.

    rexrhino also went on:

    By selectively revoking the licence of those whome you disagree with, you can give one political group a distinct advantage over another political group.

    SQL_error chose to quote the constitution:

    abridging the freedom of speech, or of the press;

    For rex, this is a registration of affiliation, and it is currently required for all lobbyists who dirrectly lobby members of government - IE take money to talk to people who vote on laws. It's not a license, it's a registration so that the people you are trying to influence can see what groups you are speaking for. There is no way to prohibit registration, nor is there a way to revoke the registration. I can sign up as a lobbyist for the 'Commitee for the Severe Beating of Annoying Children' and there is no means to prohibit me from lobbying on behalf of my clients. Also, there is no means for me to legally hide that affiliation while I am lobbying, nor should there be. When I engage in lobbying, I am not speaking for myself, nor am I exercising my right to free speach, I am speaking for a company or a group and anyone who cares to should have the right to determine which group I am speaking for.

    For SQL, again, there is no abridgment. You, as an individual can say anything you want - including attempting to create a grassroots movement to legalize pissing on the shoes of lawyers. Your freedom of speach is in no way inhibited. The only thing that is inhibited here is the

  59. Thomas Paine it ain't. by falconwolf · · Score: 1

    Once again, paid speech on behalf of a political campaign is advertisement and should be treated as such. The general rule is that if you get a W-2 for what you're doing, it's susceptible to regulation.

    Actually Thomas Paine was being paid at least some while he wrote. His "The Crisis" wherein he wrote the famous line "These are the times that try men's souls" he wrote while he was serving in the Continental Army under Washington.

    Falcon
  60. WARNING PLEASE DONT READ by Anonymous Coward · · Score: 0

    WARNING PLEASE DONT READ In 1945, a young girl named katu lata kulu came over to America in a grey boat from Africa. A mysterious man killed her by cutting the word "LATUALATUKA" into her back. now that you have read this message, she will come to your house on a full moon and steal your soul unless you follow these directions: 1. Retype this message as a comment for 3 other stories.