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FEC Will Not Regulate Political Blogging

eldavojohn writes "Despite complaints that political bloggers should be subject to campaign finance laws since they are donating huge amounts of money in the form of advertising and media services to candidates, the FEC will not regulate political blogging. From the FEC statement: 'While the complaint asserts that DailyKos advocates for the election of Democrats for federal office, the commission has repeatedly stated that an entity that would otherwise qualify for the media exemption does not lose its eligibility because it features news or commentary lacking objectivity or expressly advocates in its editorial the election or defeat of a federal candidate.'"

10 of 171 comments (clear)

  1. Re:How long until they change their minds? by Relic+of+the+Future · · Score: 5, Informative
    The failure of third-party candidates isn't as much about lack of exposure as it is about simple mathematics. The way we count votes actively discourages more than two contenders being in any election.

    In order to have any chance, third-parties need to get "first past the post" removed as the voting algorthm, and replaced with something like a Condorcet or even (bleh) IRV system.

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    Those who fail to understand communication protocols, are doomed to repeat them over port 80.
  2. but dailykos.com takes bribes... by Anonymous Coward · · Score: 1, Informative

    Well, not bribes, but payola. The reason he plugs particular democratic candidates is that they pay him to do so.

    That clear moves away from editorial opinion into paid advertising.

    However, Markos isn't very good at it. Every one of the democratic candidates he plugs has gone down to defeat. Quite a record.

  3. Re:What qualifies for a media exemption? by Chuckstar · · Score: 3, Informative

    IANAL, but the answer to this question is based in 208 years of First Amendment law. Probably too voluminous to go into on this forum. However, "press" as defined under federal law is extremely broadly defined.

    The key issues that the FEC looks at are as follows:

    Is the organization in question owned or controlled by any "political party, political committee, or candidate" (these are defined under the regs). If it is owned by any of these, then it is considered an arm of that group and not "press".

    If it is not owned by any of these, then the next question is whether the "major purpose [of the organization] is involvement in campaign activity". If the answer is yes, then it is considered a political committee (see above).

    Note that campaign activity is specifically meant to be narrowly defined as involved in a federal election campaign. It does not encompass political activity broadly.

    So as long as an organization publishing to the web cannot be considered owned or controlled by any political part, political committee, or candidate and its major purpose is not to be involved in campaign activity, then its protected from these regulations.

  4. Re:Good news by aeschenkarnos · · Score: 3, Informative
    There's no reason they couldn't have the conservative equivalent of DailyKos, but it just wouldn't get read as much.

    Free Republic? Little Green Footballs? WorldNetDaily?

  5. Re:Good news by Relic+of+the+Future · · Score: 2, Informative
    I'm as blue as the next /.er, but the politician who was most recently screaming to "level the playing field" was "censor-crat" Clinton (in the opposite direction from the one discussed in this story, of course).

    Heaven knows I'll probably end up voting for her this go-around, but when it comes to technology and censorship, there's no political party (that has a chance of winning) that aligns with the /.-mindset.

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    Those who fail to understand communication protocols, are doomed to repeat them over port 80.
  6. Re:This cuts both ways by Raul654 · · Score: 2, Informative

    "Fox News' second most popular program is a show that features both a conservative and a liberal commentator debating current issues."

    Fox's second most popular show is Hannity and Colmes. Calling it a liberal versus conservative show Fox's laughable disinformation.

    Shawn Hannity is a loud-mouthed arch-conserative; Colms is a moderate. ("I think I'm quite moderate" - Alan Colmes to USA Today, 2/1/95). Or to paragraph Al Frankin, "Image a game of political see-saw with one person sitting on the far right end of the see-saw and someone sitting in the middle. See? That's fair and balanced on the Fox News channel"

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    To make laws that man cannot, and will not obey, serves to bring all law into contempt.
    --E.C. Stanton
  7. Re:Good news by FleaPlus · · Score: 5, Informative

    I think the bad feelings (and subsequent reactionary attempts at regulation) come from the fact that the conservative voter base tends to be a bit older and less Internet-savvy. Do you have any examples to support the belief that conservative bloggers support more internet regulation? Everything I've seen on the topic from them are very much against the FEC regulating political blogging.

    There's no reason they couldn't have the conservative equivalent of DailyKos, but it just wouldn't get read as much. Instapundit.com has the same google ranking as DailyKos. There's also forums like freerepublic.com which have been around longer than Daily Kos and have a similar amount of traffic.
  8. Re:Mod Parent Up... by Raul654 · · Score: 3, Informative

    "Partisanship, Fox-hatred and left v. right wing BS arguments aside, at least Fox News does go out of their way to provide two opposing viewpoints, and it seems rather popular."

    This is bull shit of the most dangerous kind. It was Joseph Goebbels, Nazi propaganda minister, who said that the key to a successful propaganda campaign is to give the appearance of diversity, while at the same time making sure that all media venues convey the same basic message. This is the essence of framing the debate. You take a moderate, call him a liberal, and voilà - you've manufactured diversity where, in fact, none exists. Meanwhile, people who truly disagree never get heard. Nor is this just an accident. They intentionally select weak voiced, barely (if at all) left-of-center people.

    But don't take my word for it. Just read the transcript from Outfoxed. According to former Fox News producer Clara Frenk: And the first thing that I noticed was that I recognized all of the conservatives who were in the roster. They were very well known people who had come from, you know, talk radio or from some sort of political background, and so I knew all of those people, and they were very, very strong people... But when I looked at the liberal roster, there was only one person's name who I recognize, which I recognized, and that was Bob Shrum, who is a very well known speechwriter and political consultant in Washington. The other ones, though, were people I had never heard of. My entire background was in politics and political journalism, so I knew pretty much all the players in D.C. and I had never heard of these people... A lot of the times the liberals that they get to appear on are either, you know, faux-liberals, like, I would use Susan Estrich as an example of that, a person who was brought on, who essentially agrees with the person on the right in a lot of cases."

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    To make laws that man cannot, and will not obey, serves to bring all law into contempt.
    --E.C. Stanton
  9. Re:Troll? Are you kidding me? by Anonymous Coward · · Score: 1, Informative

    I suspect if the DailyKos is receiving actual money from it's candidates, it's no longer exempt.

    What would have clearly moved this out of the troll category is some substantiation to the claim that this is a paid advertiser, not a volunteer.


    Kos has even admitted it. What more do you want?

  10. Re:This cuts both ways by jlanthripp · · Score: 2, Informative

    Pssst...if you're trying to point out conservative bias at Fox, it's probably not a good idea to use George Soros, er, Media Matters as your source. It's a pot/kettle thing, you know.

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    "Alcohol, Tobacco, & Firearms" should be a convenience store, not a government agency.