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Fighting on the Battleground in Ohio

Blowback?

Thursday, March 03, 2005
C/NET.com has an interesting interview with Bradley Smith - the libertarianish commissioner on the Federal Election Commission - about possible regulation of blogs via the Bipartisan Campaign Reform Act of 2002.

From the piece:

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.

The commission has generally been hands-off on the Internet. We've said, "If you advertise on the Internet, that's an expenditure of money--much like if you were advertising on television or the newspaper."

The real question is: Would a link to a candidate's page be a problem? If someone sets up a home page and links to their favorite politician, is that a contribution?

And:

They're exempt from regulation only because of the press exemption. But people have been arguing that the Internet doesn't fit under the press exemption. It becomes a really complex issue that would strike deep into the heart of the Internet and the bloggers who are writing out there today.

This question was already answered over 200 years ago in a little document that maybe you guys in the government should read. It goes something like this:

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.