Monday, March 27, 2006
FEC Rules Well ; Will Congress Act as Well?
As expected the FEC voted to adopt the draft rules on internet political speech, thus imposing the minimum regulation required by the 2004 court decision. As the Wall Street Journal puts it - FEC Won't Regulate Most Activity On Web Under Campaign Law:
"In its initial interpretation of the law in 2002, the FEC said no political activity on the Internet was covered. But a federal court judge ruled in 2004 that the commission had to craft a new rule that at the very least covered paid political advertising on the Internet.
The ruling, and the commission's decision not to appeal it, sparked fears among some Internet users that the panel might adopt broader restrictions. But Toner said the new rule gives a 'categorical and unqualified' exemption to all individual and group political activity on the Internet, except for paid advertising. ........
Hans A. von Spakovsky, appointed to the commission by President Bush in January, said the rule wouldn't have been necessary had the commission appealed the court ruling. He urged Congress to pass legislation exempting all types of political activity over the Internet from regulation."
Bradley A Smith, the former FEC Chairman whom I've quoted before, has this to say here:
"Congress would still do well to pass HR 1606, the Jeb Hensarling sponsored Online Freedom of Speech Act. There remains precious little reason to think that Congress really intended for the McCain-Feingold law to regulate the web. It is also clear that the FEC would be keeping it's blanket exemption from the statutory definition of 'public communication' for the internet, absent the ruling of a single federal judge that it must regulate the web. And it is clear that none of the horror stories spread by so-called 'reform' groups about HR 1606 have come true in the last 4 years, when the position that HR 1606 would enact has, in fact, been the law pursuant to FEC rules."
I agree with both Mr. Spakovsky and Mr. Smith that, while the FEC rules are minimal, they have placed internet speech under regulation and regulations can be easily changed by another FEC ruling. A law, passed by Congress and signed by the President, is a much stronger protection. As my two previous posts have argued, we still need to pass H.R. 1606, the Online Freedom Of Speech Act.
I intend to keep my Congressman aware of my interest in passing H.R. 1606 as soon as possible. Think about doing the same.
"In its initial interpretation of the law in 2002, the FEC said no political activity on the Internet was covered. But a federal court judge ruled in 2004 that the commission had to craft a new rule that at the very least covered paid political advertising on the Internet.
The ruling, and the commission's decision not to appeal it, sparked fears among some Internet users that the panel might adopt broader restrictions. But Toner said the new rule gives a 'categorical and unqualified' exemption to all individual and group political activity on the Internet, except for paid advertising. ........
Hans A. von Spakovsky, appointed to the commission by President Bush in January, said the rule wouldn't have been necessary had the commission appealed the court ruling. He urged Congress to pass legislation exempting all types of political activity over the Internet from regulation."
Bradley A Smith, the former FEC Chairman whom I've quoted before, has this to say here:
"Congress would still do well to pass HR 1606, the Jeb Hensarling sponsored Online Freedom of Speech Act. There remains precious little reason to think that Congress really intended for the McCain-Feingold law to regulate the web. It is also clear that the FEC would be keeping it's blanket exemption from the statutory definition of 'public communication' for the internet, absent the ruling of a single federal judge that it must regulate the web. And it is clear that none of the horror stories spread by so-called 'reform' groups about HR 1606 have come true in the last 4 years, when the position that HR 1606 would enact has, in fact, been the law pursuant to FEC rules."
I agree with both Mr. Spakovsky and Mr. Smith that, while the FEC rules are minimal, they have placed internet speech under regulation and regulations can be easily changed by another FEC ruling. A law, passed by Congress and signed by the President, is a much stronger protection. As my two previous posts have argued, we still need to pass H.R. 1606, the Online Freedom Of Speech Act.
I intend to keep my Congressman aware of my interest in passing H.R. 1606 as soon as possible. Think about doing the same.
