I'll join the "pledge to defy the FEC" drive anytime. There is no
other way since Congress has already passed the BCRA, and the
Supremes upheld it on spurious reasoning.
As to Declan McCoullogh crying "wolf" once again: What matters is
not who wrote the article but what Bradley Smith actually said and
whether it holds water.
FECA (2 USC 431) in Subsection (9)(A)(i) states
"The term ''expenditure'' includes -
(i) any purchase, payment, distribution, loan, advance,
deposit, or gift of money or anything of value, made by any
person for the purpose of influencing any election for Federal
office;"
"Expenditures" are considered "contributions" under BCRA - and thus
may be regulated under it.
"Anything of value" is unbelievably broad. Is a private citizen's
negative opinion about a certain candidate, expressed on a popular
blog online something "of value" to his opponent?
"... for the purpose of influencing any election for federal
office" is equally broad. When you publish a blog entry that says
"Candidate X sucks", are you implicitly trying to influence an
election?
You bet.
Wanna bet that some activst judge will agree with that statement
when he has a chance to use it?
In 2002, the FEC exempted the Internet from regulation under BCRA
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.
The FEC then decided not to appeal that decision. That's what got
Bradley hot under the collar.
Do you see how the noose tightens, ever so slowly?
There is no doubt in my mind that the trend is to choke private
citizens' right to free speech on the internet - and elsewhere -
right out of existence.
This trend will continue unless a whole bunch of one-sided and
"hysterical" bloggers become whistleblowers like Bradley Smith did
and cotninue to "overreact" for all it's worth, until the BCRA is
overturned.
This must not stand!
I am somehwat surprised and dismayed at the cavalier attitude with
which most contributors to this blog treat this issue. Afraid to be
called "silly" one day for "overreacting"?
Not me. Having a little bit of egg on your face is a far cheaper
price for freedom than losing your life for it.
I'm willing to do both.
For those who feel the same way, there is a petition drive going on
that can be accessed through this article:
Total Revolt.
Alex Wallenwein
Editor,
Euro vs Dollar Monitor
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