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Thursday, April 14, 2005

 

Free Speech on the Internet

There is new hope for retaining freedom of speech over the Internet with the introduction of the Online Freedom of Speech Act in the House of Representatives by Congressman Jeb Hensarling(R-Tx). Combined with a matching senate bill by Senator Harry Reid, this could be a real bipartisan chance to fix the Bipartisan Campaign Reform Act of 2002, at least for free speech on the internet. It deserves support from our congressman and senators.

This posting by . RedState.org || tells the story very well and provides the text of the 'Act' - all one sentence of it. Author Krempasky has been a key motivator in digging out facts on this FEC case and in getting both blogger and news media attention on it. As he reports it:

"This is a bill that deserves bipartisan support, and it's exciting to see it off to a good start.

In short - if this bill passes both houses and becomes law in the next 50 or-so days, the disastrous FEC rulemaking process will be rendered moot. Remember, the FEC is only creating regulations for Internet activity because Congress didn't specifically mention the Internet at all, and a federal judge ruled that even in the absence of specific direction of Congress, the FEC had to do so anyway.

This bill provides that direction, and creates that exclusion. It might not solve *all* the problems of regulation, but it's miles and away the best solution right now. I've already heard from some liberal colleagues in the blogosphere, and we're going to push this bill - and hard.

The blogosophere has proven extraordinary aptitude when it comes to attacking or stopping something, let's prove that we can be just as much a powerful influence when it comes to creating and moving something forward.

Full bill text as well as Represenative Hensarling's "Dear Colleague Letter" are beneath the fold.
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Apr 13th, 2005: 16:43:33, Not Rated

Bill text: (resolution number pending)

Paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(22)) is amended by adding at the end of the following new sentence: "Such term shall not include communications over the Internet."

Hensarling's letter to other House Members:

Dear Colleague:

When Congress passed campaign finance reform in 2002, the legislation did not identify the Internet as a target of regulation, and rightly so. The explosion of new technology has done much to democratize our politics, encourage grassroots political involvement, and act as a tremendous catalyst for civic engagement across our country. With the emergence of blogs, the Internet truly puts the power in the hands of the people.

Unfortunately, a federal judge has ruled that the FEC's previous broad exemption of the Internet was impermissible absent clear direction from Congress. Within the next sixty days, the FEC is expected to finalize rules and regulations that could squash not only free speech and citizen activism, but could well impede innovation and technology – unless Congress acts now.

Today, I introduced the Online Freedom of Speech Act to offer that direction, amending federal election law to specifically exclude communications over the Internet from the definition of "public communication" for purposes of regulation. It will allow the growth and expansion of new voices in our political process without interference. An identical bill (S.678) has been introduced in the Senate by the distinguished Minority Leader signifying that this effort is not a partisan one.

We ought to embrace these newcomers to our political process instead of applying complex and chilling regulatory burdens. Please cosponsor this important legislation and help me protect bloggers and online activists from the heavy hand of federal regulation. For more information, please call Gerry O’Shea on my staff at 5-3484.

Congressman Jeb Hensarling
5th District, Texas "



That's the whole story and that 1-liner IS the whole "ACT". Wish all government acts and laws were so briefly stated and easy to understand. This effort is worth support and our congressional representatives should hear from us on it.

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