Should Maureen Dowd have the right to more political speech than I? Should George Will enjoy more rights than you?
We are concerned about the potential impact that Judge Colleen
Kollar-Kotelly's decision in the U.S. District Court for the District
of Columbia in Shays v. FEC, 337 F. Supp. 2d 28 (D.D.C. 2004) and the
FEC's upcoming rulemaking process may have on political communication
on the Internet.
One area of great concern is the potential regulation of bloggers
and other online journalists who distribute political news and
commentary exclusively over the web. While paid political advertising
on the Internet should remain subject to FEC rules and regulations,
curtailing blogs and other online publications will dampen the impact
of new voices in the political process and will do a disservice to the
millions of voters who rely on the web for original, insightful
Under the current rules, "any news story, commentary, or editorial
distributed through the facilities of any broadcasting station,
newspaper, magazine, or other periodical publication," is exempt from
reporting and coordination requirements. It is not clear, however, that
the FEC's "media exemption" provides sufficient protection for those of
us in the online journalism community.
As bipartisan members of the online journalism, blogging, and
advertising community, we ask that you grant blogs and online
publications the same consideration and protection as broadcast media,
newspapers, or periodicals by clearly including them under the Federal
Election Commission's "media exemption" rule.
I have always been opposed to McCain-Feingold's limitations on political speech, so my objection to current law goes beyond just extending the media exemption to blogs. I support a broader extension of the media exemption from political speech restrictions to -- call me crazy -- all citizens, something I thought the First Amendment took care of but I guess we have to fight for again. Actually, what might be more useful is to fight for an elimination of the media exemption altogether - this would likely raise such a howl from the media that McCain-Feingold (also known as the incumbent and MSM protection act) would soon be overturned.