
Senators John McCain (R-AZ) and Russ Feingold (D-WI), authors of the legislation known as the McCain/Feingold Bipartisan Campaign Finance Reform Act of 2002–a threat to the fundamental right of free speech.
The McCain/Feingold Bill is unconstitutional in my opinion and should be struck down.
There’s a war coming–a war that will be fought against the Government defending freedom of speech on our political system. This war will be launched by the Federal Election Commission and will specifically target bloggers thanks to John McCain and Russ Feingold.
Quoted in an interview on CNET.com, Bradley Smith–one of the FEC’s six commissioners–says that the days of online punditry and political blogging are coming to an end. That would effectively mean that Conservative Blogger and all blog sites, conservative and liberal, would be affected:
In just a few months, he warns, bloggers and news organizations could risk the wrath of the federal government if they improperly link to a campaign’s Web site. Even forwarding a political candidate’s press release to a mailing list, depending on the details, could be punished by fines.
Smith should know. He’s one of the six commissioners at the Federal Election Commission, which is beginning the perilous process of extending a controversial 2002 campaign finance law to the Internet.
In 2002, the FEC exempted the Internet by a 4-2 vote, but U.S. District Judge Colleen Kollar-Kotelly last fall overturned that decision. “The commission’s exclusion of Internet communications from the coordinated communications regulation severely undermines” the campaign finance law’s purposes, Kollar-Kotelly wrote.
Smith and the other two Republican commissioners wanted to appeal the Internet-related sections. But because they couldn’t get the three Democrats to go along with them, what Smith describes as a “bizarre” regulatory process now is under way.
CNET News.com spoke with Smith about the Bipartisan Campaign Reform Act of 2002, better known as the McCain-Feingold law, and its forthcoming extrusion onto the Internet.
So, because bloggers are not a “traditional media outlet,” online political commentary would be subject to fines by the FEC for not meeting guidelines and regulations. Senators McCain and Feingold sued the Federal Election Commission arguing that the FEC has the right and the power to regulate politics via e-mail and the Internet In essence, they are asking the FEC to stop online political discourse by individuals.
If Congress doesn’t change the law, what kind of activities will the FEC have to target?
We’re talking about any decision by an individual to put a link (to a political candidate) on their home page, set up a blog, send out mass e-mails, any kind of activity that can be done on the Internet.
Again, blogging could also get us into issues about online journals and non-online journals. Why should CNET get an exemption but not an informal blog? Why should Salon or Slate get an exemption? Should Nytimes.com and Opinionjournal.com get an exemption but not online sites, just because the newspapers have a print edition as well?
Why wouldn’t the news exemption cover bloggers and online media?
Because the statute refers to periodicals or broadcast, and it’s not clear the Internet is either of those. Second, because there’s no standard for being a blogger, anyone can claim to be one, and we’re back to the deregulated Internet that the judge objected to. Also I think some of my colleagues on the commission would be uncomfortable with that kind of blanket exemption.
In essence, what they are worried about is an unregulated medium. They (McCain and Feingold) feel that since there’s no “standard” for what I do. Hmmm…that’s interesting. Last I knew, the only such standard for having a voice in America was the Bill of Rights and the First Amendment. It goes something a little like this:
Amendment I
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.
“Congress shall make no law…” That’s what we’re talking about here: Government infringement upon my right to say what I want about our political system. If they’re going to regulate the Internet, then what’s next? Talk radio? Putting political signs in your front yard? Placing bumper stickers on your vehicle? Where does the “need for regulation” meet it’s logical conclusion?
There’s a reason that the Framers made this the FIRST amendment in the Bill of Rights. It’s the very essence of American society: the ability to speak freely, even if it’s against your Government. McCain and Feingold are on a crusade to eliminate the voices of everyday people in political commentary–and the United States Supreme Court hasn’t stopped them.
“The very reason for the First Amendment is to make the people of this country free to think, speak, write and worship as they wish, not as the Government commands.” Justice Hugo Black said that when he was on the Supreme Court, and I couldn’t agree more. Justice Black also said, “An unconditional right to say what one pleases about public affairs is what I consider to be the minimum guarantee of the First Amendment.” I only wish that the Court’s present day justices had the same vision.
The Blogosphere is gearing up for an all out war with the Government and all I can tell you is this: no one who serves at the will of their constituents is going to tell me what I can or cannot write about. They can fine me. They can jail me. They can shut down my site.
They will not, however, shut down my voice.
That distant sound of thunder I refer to is the Blogosphere–Republicans and Democrats alike–typing furiously.
So…what can you do? You can start by writing John McCain and Russ Feingold. You should also write/e-mail/call your elected officials in the House and Senate. I highly recommend the YourCongress.com Quick Bitch form which allows you to send correspondence to any elected representative in Washington or groups of them. If you need to locate your Senator or Congressman, you can do that either at YourCongress.com or at the websites for the Senate and the House, respectively.
Conservative Blogger will continue to follow this issue. In addition, several other blog sites are keeping tabs on this issue:
Those are just a few. There are literally hundreds of blogs on both sides of the aisle talking about this and united in stopping this threat.
What matters now is that we all speak with one voice and work to maintain the freedom we deserve. Not as bloggers, but as Americans.
William Smith
ConservativeBlogger.com







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