San Francisco Attempts to Regulate Blogging 650
Lawrence Person writes "Forget about theocratic Iran or Communist China; today's report of a political entity trying to regulate blogging comes not from The People's Republic of China, but rather The People's Republic of San Francisco. 'The San Francisco Board of Supervisors [announced] yesterday that it will soon vote on a city ordinance that would require local bloggers to register with the city Ethics Commission and report all blog-related costs that exceed $1,000 in the aggregate." Worse, this is not an April Fools joke. It seems that 'campaign finance reform' is turning out to be the biggest Trojan Horse in the campaign to regulate free speech. "Are you now or have you ever been a blogger?"" Chris Nolan -- the "not a joke" link above -- is more reserved about the true scope of the proposed law (which would deal with election-related journaling specifically, not most diary-style Web journals), but has little good to say about it.
Loyalty Fee? (Score:5, Interesting)
However, this might give corporates some ideas. For example, if your blogs contain certain movies, music, celebrities, you may have to start paying for the loyalty fee, like what radio stations are doing now.
Re:Loyalty Fee? (Score:5, Insightful)
Re:Loyalty Fee? (Score:5, Interesting)
Kind of like when Clinton signed the Violence Against Women act allowing prosecutors to dig into a person's private sexual history for background.
Nothing like the Law of Unintended Consquences, eh?
And counting down for the modbombing in 3, 2, 1...
Re:Loyalty Fee? (Score:4, Insightful)
And counting down for the modbombing in 3, 2, 1...
Wow...you got the modbombing, didn't you?
Hey moderators: if you don't like what he has to say, reply . The man speaks the truth: it was primarily conservatives who were against McCain-Feingold.
Why did we all-of-the-sudden forget this around here on Slashdot? Or maybe...those with the mod points want us to forget. Let's not play that game, okay?
Re:Loyalty Fee? (Score:5, Informative)
No. You can't be on the payroll of some politician or otherwise perform electioneering on his behalf without making it public that that's what you're doing.
Not all speech is protected by the First Amendment. Speech ranges from "I have a dream" to spam. The type of speech that enjoys First Amendment protection is politically protected speech. If you are spending money to sell a product, like turtle wax, that's commercial speech- which is subject to a limited set of restrictions. Examples are when they force pharmaceutical companies to mention the diarrhea and vomiting, or when weight loss ads are forced to put "ADVERTISEMENT" in the footer of real-looking news articles. Restrictions on commercial speech are perfectly constitutional as long as they are reasonable.
This business with campaigning is treading closer to politically protected speech, and overlapping with it, since the speech is primarily political rather than purely commercial in nature. The controversial campaign finance reform was controversial precisely because it attempted to regulate speech in this domain. But not all political speech is necessarily constitutionally protected political speech- depending on the circumstances, it may have a commercial character. I may be receiving money in response for saying what I'm saying. The campaign finance laws- however you feel about them- were part of an attempt to impose reasonable and legitimate regulation of speech in this domain. One of the main strategies that this legislation took was to enforce full disclosure of the commercial aspects of speech, and to make sure that commercial means were not used to escape political consequences of speech. That's why you hear "I approved this message".
This ordinance looks like a minor piece of accountability legislation. It says that if you spend more than $1000 in any venue performing electioneering for a candidate, you have to register. This is so that accurate information about election funding can be kept as part of the public record. That is all. This is a restriction in that you are forced to disclose this information to the public, but they're not preventing you from saying anything, and it only applies to the commercial component of your speech.
This is much ado about nothing. [slashdot.org] Political demonstrations and public gatherings are about the most protected form of political speech there is, but in the United States you have to remain inside designated fenced-in areas or they'll arrest you for leaving your "First Amendment Zone".
Re:Loyalty Fee? (Score:3, Funny)
I have a dream to spam?
but in the United States you have to remain inside designated fenced-in areas or they'll arrest you for leaving your "First Amendment Zone".
I have a dream spam in the zone?
Restrictions on commercial speech are perfectly constitutional as long as they are reasonable.
I have a resonable dream of prefectly constitutional long spam?
That is garbage which was tacked on afterwards (Score:5, Insightful)
BTW, free speech isn't a right because of the constitution - it's in the constitution because it's a right! (Oh, and guns likewise, might as well mention while I'm already up on the soapbox
Re:That is garbage which was tacked on afterwards (Score:3, Interesting)
This is an absolutist view of "free speech" that is actually common on Slashdot, but doesn't make much sense in the real world. Think about what you're saying- any damn thing you want to say, no ifs and or buts. Such an interpretation would permit death threats. It would grant Constitutional protection to bribery and scams. It would undermine verbal contracts. It would
Re:That is garbage which was tacked on afterwards (Score:3, Insightful)
Free speech and vandalism are not mutually exclusive. [slashdot.org] Graffiti may carry a Constitutionally protected message, but the paint on the wall makes it vandalism no matter what the graffiti says.
I just had to repost this at +2:
Amendment I makes no distinction between political and commercial speech, and back when it was written, there was plenty of commercial speech.
Any judge who tries to make a distinction
Re:Loyalty Fee? (Score:5, Insightful)
(Emphasis mine)
You are correct. Interpretation of the Constitution is the Federal Court's Constitutionally mandated role, as per Article III.
Re:Loyalty Fee? (Score:5, Insightful)
Rewrite the Bill Of Rights, Rewrite the Constitution. Burn them for all that it matters. Those documents are nothing but paper.
None of those actions can take away my right to free speech.
I feel the same way about gun rights (Score:5, Insightful)
Rewrite the Bill Of Rights, Rewrite the Constitution. Burn them for all that it matters. Those documents are nothing but paper.
None of those actions can take away my right to free speech.
Right you are.
And the same goes for the right to keep and bear arms. Pass any law you want. I would kill, or die, to defend my right to be armed, and that outweighs any worthless piece of paper.
The survival of freedom depends entirely on the willingness of people to resist their government, preferably non-violently, but with armed violence if necessary.
-ccm
"Well-regulated militia" (Score:3, Informative)
US Code, Title 10, Section 113 defines who the members of the "militia" are:
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States a
Re:I feel the same way about gun rights (Score:3, Informative)
I suggest you read Federalist 29 [loc.gov], Concerning the Militia, if you have any doubt as to what the Founding Fathers meant by the words "well-regulated":
Re:Loyalty Fee? (Score:4, Insightful)
Rewrite the Bill Of Rights, Rewrite the Constitution. Burn them for all that it matters. Those documents are nothing but paper.
None of those actions can take away my right to free speech.
That's what the grandparent's point was, the judiciary is involved in determining what passes constitutional muster and what doesn't regarding laws. Congress can pass a law saying you can speak the word blue, the president can even sign it into law, then the courts will get involved and find it unconstitutional and it will eventually be striken from the record. This is all part of the checks and balances put into the constitution to make sure things like that don't happen.
Re:Loyalty Fee? (Score:3, Interesting)
Re:Loyalty Fee? (Score:5, Funny)
They should have stopped there
Could be so simple, couldn't it? (Score:4, Insightful)
Just for me to understand your line of thought, please define the words "establishment", "religion", "prohibiting", "free", "exercise", "abridging", "freedom", "speech", "press", "right", "people", "peaceably", "assemble", "petition", "Government", "redress", "grievances". For extra cookies, define both the meaning the Framers wanted them to have and the necessary adaptations to modern day. Note that I am noting trying to be difficult here - but that's what the courts are for...
Re:Loyalty Fee? (Score:3, Insightful)
Spam does involve infringement on property rights. It screws up your servers, wastes your bandwidth, and consumes your time. But that shouldn't obscure the fact that the First Amendment protections that it does enjoy for being speech are in fact extremely limited by case law. It's advertising. Not only are they breaking laws by a
Re:Loyalty Fee? (Score:5, Informative)
"real journalists" are allowed to express political opinions without begin regulated by campaign finance laws. Every major newspaper in the country endorses candidates in elections.
Re:Loyalty Fee? (Score:4, Insightful)
Re:Loyalty Fee? (Score:5, Insightful)
I doubt that they are. If they are, then that's, at the very LEAST, highly disturbing. The fact that you wish that bloggers would stop posting doesn't mean that the government, or anyone else, should be able to come in and regulate their speech. It's the same principle as the tv: if you don't like the programming, then change the channel, or turn it off.
The reasons politicians are interested in singling out blogs are pretty obvious. Blogs have a relatively low startup and maintenance cost, can be started by anyone, and whereas there are relatively few points of regulation for traditional media, blogs are highly distributed. The squashing of a scandal, omission of facts, or the redirection of public attention becomes incredibly difficult for people (politicians, corporations, etc) who have become accustomed to a certain amount of cover from the elitist press.
Traditional MSM are scared because of such scandals like Dan Rather's Forged Memo story. Before blogs, the fact that there were some serious questions about the authenticity of those national guard memos would have never seen a wide audience and would have been largely relegated to the lore of right-wing conspiracy theorists.
CBS and others are pissed because now their job, getting the story RIGHT, has suddenly become that much more difficult with people who are both knowledgable in such matters AND able to make that knowledge widely known. Furthermore, because of the rapid response made possible by blogs, the facts are checked over and over again and a truer picture of what actually happened becomes hammered out. Contrast this with the relatively slow response times of the NYT or WT, stories with innaccuracies are only slowly corrected and usually in the back sections of the paper. An inaccurate picture is usually what people are left with.
I think there is no clearer ideal of what free political speech looks like.
Re:Loyalty Fee? (Score:3, Informative)
The extent to which this law might be supportable is highly dependant on the exact legal meaning of the word "electioneering" and only that portion of monies spent on such
Re:Loyalty Fee? (Score:4, Insightful)
Even though the laws escape legal censure because they are aimed at the flow of money, such monies are overtly those used to purchase access to pulic forums, speech.
In a best case scenario this innately results in a database of who is spending what money on what political issues, whereas the only "correct" interpretation of the First Ammendment is that this is "noone's fucking business."
But, of course, it doesn't stop there, and, as the blurb suggests, in the worst case scenario the laws can be leveraged against speech itself.
For instance, yes, registration is voluntary, and personal speech is still "free," but that does nothing to prevent someone from prosecuting a blogger for being in violation of the law, and said blogger is unlikely to have the financial resources to defend his speech that the Washington Post does.
So the blogger is forced to shut down, or worse, bankrupted, then forced to shut down. His speech is effectively suppressed, although within the bounds of the law as she is writ.
But let us consider the case where, just as a rhetorical example, I feel so strongly about some political issue that I am willing to spend a thousand bucks of my own money to engage in what would legally be considered "electioneering."
Say I print up a bunch of flyers and distribute them myself on the street corner, of my own volition, purely as an expression of my own view that a certain candidate should prevail.
My speech is still protected, but if I do not place my name in the database and open my personal finances to legal inspection I am guilty of a crime for having done nothing but exercise a right.
I find this concept abhorent, and to evade this situation I am perfectly willing to accept the obvious fact that rich people can print up more flyers than I can. A restriction on spending money on speech is still a restriction on my speech spending, even if I don't have that sort of money available to spend on speech. This is a concept that seems a bit too subtle for most, although to me it appears writ in large, flashing neon signs.
The ultimate solution is obvious, for speech to be so inexpensive that anyone can afford to reach the world, at will, at far less expense than any reasonable restriction on "campaign financing" could entail, and thus alleviate the need for such restrictions.
What we really need is something like. .
Here on Slashdot alone this political speech that I am engaging in right now might be reaching people numbering in the millions (the lurkers outnumber the registered users), and, prorated against my annual expense for all computer communications activities (ooooooh, say, seven or eight hundred bucks a year), cost less than a penny. Adding a simple web page would increase my annual out of pocket expenses about . .
Sure, you can spend arbitrarily large amounts on a simple web page (I could, for instance, spend a half million on a stupid logo my mom would do for a pizza), but these expenditures really have nothing to do with the cost of the speech; and regulating the money spent on such has no effect on "reforming" political campaigns.
Call me old fashioned, but I believe that in America The People are still entirely responsible for the government they get.
The fact that the people are largely idiots is unregulatable.
KFG
Re:Loyalty Fee? (Score:5, Informative)
No, and neither are bloggers. As many others on the this thread have pointed out, this is Yet Another Misleading Slashdot Summary -- the ordinance does not mention blogs anywhere, and only regulates spending by campaigns themselves. All it says is that any campaign has to register and report all media spending once it exceeds $1000.
What happened was somebody took this and sort of said something like "campaigns could spend money on blogs... so this ordinance regulates 'blogs'" so it sounds like the ordinance tries to regulate all blogs. No, that is not what's happening, what's happening is that local campaigns have to report all spending they do, in theory they could spend money on some blogs. So even if they did, it's not the blogs that are being regulated it's the campaign. The blogs themselves wouldn't have to report anything.
It's like saying the local police force has to track how much money they spend on bullets. So, bullets are a subset of "arms", so that means they want to regulate "arms". So, they want to "regulate arms" which is forbidden in the Constitution. It's like that children's game, playing telephone, but playing telephone with logic. It would be so easy to look up what the ordinance actually says, too, but I guess that's breaking the rules.
Re: (Score:3, Interesting)
Darn the liberal media (Score:4, Insightful)
Despite all the conspiracy theories about the "liberal media", for the most part they report stories factually -- there have only been a handful of cases where the facts don't pan out in public.
Count all of the cases (Rathergate, NYTimes, etc) and you're talking well over 99% accuracy.
Compare that to bloggers like Drudge, who repost rumors and hypothesize stories by the handful only hoping to hit an occasional truth. On the Internet, even a 50% success rate is great, and political pandering and bias ensure a steady stream of advertising.
Now, I'm not saying all Internet bloggers and fact-checkers are bogus, but I am saying that they aren't held to the same standards as the professionals in the "traditional media". Instead, I prefer to think that blogging works rather like open source software -- thousands of eyes (or voices) make many problems shallow. I support the critical review of politics, media, etc as an important part of democracy, as well as anything that makes it easier for the masses.
Let's see how... (Score:2, Funny)
Re:Let's see how... (Score:5, Insightful)
Actually there is an issue here, and its valid. Its just one of those issues where there is hardly an answer for. Frankly regulating bloggers is a stupid way to get bloggers to disclose their campaign connections.
The best way to deal with "trojan bloggers" or "trojan talking heads on tv" is to simply investigate them secretly and expose them, and assasinate them publically based on the facts of their doings. If someone has taken money, then expose them the old fashioned way.
GO YANKS!
Re:Let's see how... (Score:5, Insightful)
This is happening in many areas and politics is just one. Marketing disguised as objective scientific evidence, etc. I've heard on these boards people dissing the BBC and the CBC because they receive government funds. Yippee, if Fox isn't an organ of republican viewpoint, I don't know what is... so this is really less about free speech and more about truth in advertising.
Re:Let's see how... (Score:3, Insightful)
More to the point..what is the point of 'campaign fianance reform?' Looking for a serious answer here...what exactly is the problem that is supposed to be solved by it?
Re:Let's see how... (Score:3)
It's to help prevent the stupid and lazy people from making things much worse.
Most people are too stupid/lazy to actually check things out.
We're talking about AMERICA.
Re:Let's see how... (Score:4, Insightful)
People like you truly scare me. If this issue isn't about free speech (exactly the kind of speech addressed in the first amendment) then I don't know what is.
The U.S. founding fathers gave citizens some credit for using being able to use their own brain's to figure out and form their own political opinions. However, two centuries later we seem to have reached a point where a substantial segment of our society believe's that raw political opinions are too dangerous and must to be vetted and sanitized through a nanny-state machine before they are fit for the masses. Laws such this are just a start.
People who support these types of laws must remember they are a double edge sword that can and will cut both ways. Your particular political opinions may be supported for the time being with such laws and those you disagree with suppressed. However, there will come a time when the tables are turned and the same laws you support to silence your foes are used against you and your political allies.
Our founding fathers had it right. Keep your and governments grubby hands off my free speech. For both my sake and yours.
Closing the stable door? (Score:3, Interesting)
In practice, it is likely to take weeks, months or years to track the affilitions of a "trojan" (as you put it). By the time you have untangled the web of obfuscation, the election will be well and truly over. And the "trojan" typically won't
Re:Let's see how... (Score:3, Interesting)
Re:You keep using that word (Score:5, Insightful)
today's lib/cons debate tends to break down along three areas, 1) role of government, 2) property rights, 3) individual liberty
liberals generally want more government (higher taxes, more spending), less property rights (gun control, environmental laws) and more liberty (abortion). conservatives generally want less gov., more prop rights, and less liberty, or at least less nihilism.
now, bush is no conservative. he wants a big government, massive spending, and has a federal solution for everything. his foreign policy (save for all the ignorance around here) is very liberal, in a wilsonian/rooseveltian manner. he has eschewed the republicans favored Realpolitik and stability (so Bismarckian) for a proactive policy of change. (and no the war wasn't about oil, or even wmd's. sorry excuse for what will historically be a great policy.) guys like dean really aren't as liberal as secular. bush's soc sec. plan is actualyl quite liberal, while the opponents are quite conservative.
where does that leave the debate, it's really a left vs. right debate, which ahs nothing to do with lib/cons labels. leftism has a decidely deterministic (marx, hegel) outlook, whereas rightism sees history as mutable and the result of great ideas and people (the classical, aristotelian approach. i.e. thucydides, herodotus). it's really more a way of looking at the world. for example, those who see the iraqi war as for oil, believe in the deterministic view, that external forces (class oppression) thus it's an evil venture. whereas those who see the history as shaped by events (thus democracy can reshape the middle east) are usually in favor of the war.
there's of course other factors, as those "conservatives" opposed to the war, i.e. pat buchanan, are influenced by outside forces (anti-semitism, the church, etc.) and thus are more traditionalist leftists. (his opposition to abortion and free trade)
yes, i do teach this stuff. this is a brief summary, but it's more accurate to define left vs. right, which is a substantive debate.
Re:You keep using that word (Score:4, Interesting)
Unfortunately, outside of a classroom or maybe a handful of political journals, language is defined by use, not authority. Which means academia isn't the one who gets to decide what "liberal" and "conservative" mean. The television is the one who gets to decide.
And unfortunately what the television says right now is that "left" means "liberal", "right" means "conservative", and that both of these words simultaneously hold so many different contradictory meanings that they cease to have any meaningful definition whatsoever.
At least insofar as slashdot discussions go.
Re:You keep using that word (Score:4, Insightful)
I woul be very concerned if I was in a class where the students were citing Wikipedia.
Seriously. If you're trying to make any kind of credible argument outside of the slashdot/kuro5hin parallel universes, you need some references more legit than the wiki.
Re:You keep using that word (Score:3, Insightful)
If you have an issue with the quoted definition then state the problem. Ignoring the definition because it came from "the wiki" isn't logical. You need a better argument than that.
Not suprising given the recent court ruling (Score:5, Interesting)
Why is it always the seemingly most liberal places that seem to be so conservative on certain issues?
Re:Not suprising given the recent court ruling (Score:2, Insightful)
what are you talking about?
the conservtives were 100% against Campaing Finance Reform. Esp. us libertarians.
Regulation of political speech is about as core to the left-wing of politics as the passing game was to USC last year.
Look at eveyr single socialist/communist state - every sing one, without fail, regulated speech and ensured that it was politically correct.
Saying things like nigger, kike, gr
Re:Not suprising given the recent court ruling (Score:4, Insightful)
Re:Not suprising given the recent court ruling (Score:3, Insightful)
there's a difference between actively, with government help, SILENCEING people who say things against a political correctness, and simply not liking them.
There is a difference between the government using the force of law to silence someone with any number of 4th Amendment violations, and for the masses to simply be pissed as your ass.
f'rinstance.. "The Left" at Cal Poly San Louis Obispo, a student
Re:Not suprising given the recent court ruling (Score:5, Insightful)
If "we" means the administration, yes, this is most certainly true, because even this administration recognizes the limits of executive power. However, I have been reading right-wing blogs and news sources for years, and I have consistently seen individual writers advocating, say, treason trials for anti-war protestors. As noxious as I find leftist attempts to ban "hate speech" and the like, on the left only the hardcore commies are advocating shooting people who say things they don't like.
Generally the Republican politicians themselves are more realistic, aside from the occasional accusation of treason. But it would be a gross exaggeration to state that the GOP rank-and-file supports unfettered free speech.
Re:Not suprising given the recent court ruling (Score:4, Insightful)
I guess I must have imagined all of those book burnings, removal of the teaching of evolution in schools in favour of creationism, fines against TV networks over Janet Jackson's breast, etc, etc, etc, ...
The idea that the Right doesn't do this is fanciful in the extreme. The Right is the primary practioner of censorship in the world right now, based on "moral values" that don't hold up to even minimal scrutiny.
The Left is not blameless, but it has come to terms with its extremist tendancies by putting checks and balances in place to prevent the worst abuses from recurring. The Right doesn't care one whit about checks and balances (witness the recent Shiavo mess).
Re:Not suprising given the recent court ruling (Score:3, Interesting)
My memories of history only go back so far -- I'm 33 years old. I don't remember any book burnings but I remember lots of talk about them.
When were the book burnings you didn't imagine? What year? What branch of government was buring the books?
removal of the teaching of evolution in schools in favour of creationism
Removing evolution in favor of creationism is anti-free speech but removing creationism in favor of evolution is NOT anti-free spee
Re:Not suprising given the recent court ruling (Score:3, Informative)
Start with the American Library Association, here [ala.org]
What branch of government was buring the books?
Office of Foreign Assets Control according to this [freenewmexican.com] news story.
I guess Google is just too hard to use these days.
Re:Not suprising given the recent court ruling (Score:3, Insightful)
And the only recent book burnings were to make a political point, not to censor. By the same token, the guys who burn the flag aren't trying to censor the flag, they're making a political statement. Neither burning books nor burning flags is a good idea -- both are, in fact, somewhat silly.
Also, buying a book and burning it doesn't violate anyone's free speech.
No books burned in the second one. The second one is a real example of something, but it seems
Re:Not suprising given the recent court ruling (Score:3, Interesting)
Something similiar happened to a friend of mine at UCR a few years back.
Re:Not suprising given the recent court ruling (Score:3, Insightful)
Re:Not suprising given the recent court ruling (Score:5, Insightful)
Oh get down from your cross. That's such a tired old line of crap. You're not living in ancient Rome being fed to lions...you're actually by far the most politically powerful religion in the U.S. Even fake reporters [jeffgannon.com] busted for running gay prostitution sites try that old line.
now, we'd be perfectly happy for you to hate Jesus and want to screw each other in the butt all day long if you'd just let us say we think its wrong.. but then, that would be hate speach, wouldn't it?
What a complete and utter lie! You do realize that not explicitly making gay marriage illegal won't result in YOU having to marry a gay guy, don't you? You're church can go on refusing to perform gay marriages. But when you want to make it illegal for everyone, that is far beyond merely wanting to "say we think it's wrong."
there is already legal precident in Canada stating that the Bible is hate speech... [justice.gc.ca]
The link points to a law making it illegal to advocate genocide. A search of the page shows no hits for the words "bible" or "jesus". If you really think the bible advocates genocide...well...you're the one who has to sleep at night knowing that's your religion.
Re:Not suprising given the recent court ruling (Score:3, Insightful)
Look at every single socialist / communist state - every single one, without fail, had people paid to promote things they didn't believe to get money from rich people who wanted into power or who wanted to stay in power, and who greased their hands in return.
Paid speech isn't free. It costs more than just money.
Re:Not suprising given the recent court ruling (Score:4, Interesting)
Gee, how about when Bill Maher made some tasteless remark about the WTC attackers, and Ari Fleischer responded that "people need to be careful of what they say"? For that matter, the entire right wing has been telling the other half of the country that we're all traitors for not blindly supporting the president during war (that he started).
And FYI, I'm a libertarian and 1st Amendment absolutist, but cut the bullshit. The right wing never cared about free expression until it realized that leftists could be just as oppressive as they could. It's a defensive maneuver, not a matter of principle.
Re:Not suprising given the recent court ruling (Score:5, Insightful)
when Bill Maher made some tasteless remark about the WTC attackers
When did that happen? What really happened is that he made a truthful comment about the WTC attackers - the comment that people should stop calling them cowards because frankly, performing an act to further a cause when you know it will get you killed is not cowardice in the slightest. That doesn't make it right, and that doesn't justify it. But he pointed out that while there were many reasons that what they did was wrong, cowardice couldn't possible be one of them. And in fact it was wrong because the people involved had way too MUCH conviction and certainty. The point being that conviction and certainty and willingness to die for your cause are not the automatically good and wonderful things people claim they are. It varies depending on what cause it is that you have conviction toward. The 9/11 terrorists are the perfect example of why that is. Blind obedience with utter certainty is not a virtue, but it is not cowardice either.
That's not tasteless. It's right on the mark, and it's important to mention it at a time when people were using the terrorist attacks as an excuse to promote the attitude that more blind obedience to your country is a happy, happy, good goal to shoot for.
Re:Not suprising given the recent court ruling (Score:3, Insightful)
Re:So-called "Conversatives" want more regulation (Score:3, Interesting)
Individual "gays" can marry the same as individual straight folks. There are no more or fewer restrictions on them. A marriage is between a man and a woman -- always has been. Gay men are welcome to marry women and gay women are welcome to marry men. It's equal rights for all individuals.
dying with dignity,
Only if you want to.
smoking marijuana,
Agree. Should be legalized.
playing D&D in the community center,
The community center is a big government bo
Re:So-called "Conversatives" want more regulation (Score:3, Insightful)
And yet, the alleged "liberal" party has always advocated bigger and bigger government, and poking their noses where they weren't wanted. The alleged "liberals" have never cared about individual freedom, they only want freedom for left-wing values.
To be fair, the alleged "conservatives" are no better. They wanted small government only when they weren't in power.
What's a blog? (Score:5, Insightful)
It'd be more easily enforcable (i.e. less loopholes) to apply such a regulation to all mass media, especially if preventing political bribery is your goal.
Re:What's a blog? (Score:5, Insightful)
Websites don't usually allow active discussion on a certain topic, but blogs are encouraging that.
Re:What's a blog? (Score:2, Interesting)
I still haven't been able to tell what makes a blog any different. I guess if it's whiney and useless enough, it qualifies as a blog.
Re:What's a blog? (Score:4, Funny)
Off I go to edit wikipedia's entry for 'blog'
muhahaha
Re:What's a blog? (Score:5, Informative)
I think $2,000 is one of the magic limits, but I'm not entirely sure how that works.
Mixed blessing... (Score:2, Interesting)
Sounds like a tax deduction to me.
Move to another jurisdiction (Score:5, Interesting)
I live in San Francisco. I can't believe that this is happening, but since it is, I have a simple solution: move to another jurisdiction. No, I don't mean "pack your bags and go". I mean that, in this age of interconnected servers throughout the world, hosting your 'blog in another jurisdiction isn't hard to do.
I've ran a couple of servers from a neutral, European country for years. Whenever I want to post something that might piss someone off locally I just post it out of one of those machines and under a pseudonym. While this isn't untraceable by any stretch of the imagination, it makes things hard enough for idiots chasing the poster to give up.
That's the beauty of the Internet/cyberspace. "Here" is simply wherever you want it to be.
Cheers,
E
News for news (Score:5, Insightful)
I prefer to get my news from some organization without an axe to grind.
Re:News for news (Score:3, Funny)
You must be new here...
Re:News for news (Score:3, Insightful)
Click whore (Score:5, Interesting)
I discovered this issue 18 months ago.
Virginia blogs barred from mentioning local candidates [underreported.com]
Re:Click whore (Score:3, Interesting)
Read the damn legislation. (Score:5, Interesting)
They are regulating the communications of lobbists - not individuals - an action that slashdotters have seemingly always been for. For instance, this would keep microsoft on the level if they wanted to buy a candidate in SF office.
Re:Read the damn legislation. (Score:5, Insightful)
Perhaps there are better ways to create fair campaign finance regulations than this.
As for me, I'm frankly unsure to what extent I can prevent this from affecting me. I will probably be creating a politics-related website within the near future which will eventually explicitly cover elections and such, but I am starting to fear I will be unable to run it off of a donation model since apparently if the wrong person clicks that paypal "support this site" link I suddenly mutate from being a free citizen exercising my right to operate a free private press into... well, something else. I wonder, is it possible to be infected with the you're-a-PAC-now virus if your hosting-bill funding comes from selling t-shirts?
Quite the free thinker! (Score:3)
Go back to your think-tank talking points and find some that weren't penned decades again, O trollish one.
If I'm saying things, it's speech. (Score:2, Insightful)
This is the case regardless of the medium on which I say things. The appearance of the "internet" does not mysteriously grant the government power to regulate speech, or the press.
If they want me to register, or pay money, or do any damn thing they say because I am privately acting as a member of the press, then they can fuck off because they aren't getting anything out of me no matter what the law says. They don't have the power or authority to eit
The fairness doctrine (Score:4, Insightful)
Even if some wrong-headed blog-managing rules were put into place by SF, CA or the US, proxies would appear quickly and funnel the same information to those who might listen, with the source one-level-removed.
Attempting to regulate speech is problematic, as I'm sure those behind this effort will discover.
Bad News for people... (Score:2, Insightful)
Uh RTFO?... (Score:5, Informative)
Re:Uh RTFO?... (Score:5, Informative)
It's a general ordinance referring to "electioneering communication." Essentially, if you spend over 1,000 dollars specifically trying to promote a single candidate, in any media, you have to register this for sake of tracking election funding. And that's it. The bill defines "electioneering communication" as any communication to broadcast, cable, radio, internet, or telephone, or mailings, flyers, doorhangers, pamphlets, brochures, cards, signs, billboards, facsimiles, or printed advertisements that: refers to a clearly identified candidate for City elective office or a City elective officer who is the subject of a recall election; and is distrubuted within 90 days to an election for the City elective office sought by the candidate or a recall election regarding the City elective officer to 500 or more individuals who are registered to vote or eligible to register to vote in the election or recall election. There shall be a rebuttable presumption that any broadcast, cable, satellite, or radio communication and any sign, billboard or printed advertisement is distributed to 500 or more individuals who are eligible to vote...
This is a minor piece of campaign finance accountability. You can't buy thousands of dollars of airtime for a candidate without registering that with the city. It mentions the internet in passing, once, and no where else.
And to be eligible, you have to have spent 1,000 dollars in the 3 months prior to get a candidate elected. How much of your blog is devoted to getting a candidate elected? Is your blog costing you 4,000 dollars a year?
The ordinance makes explicit exceptions for spoken communication, news stories, communications to all members of a specific subgroup, communications during a debate, anything on bumper stickers, pins, stickers, hat bands, badges, ribbons, or other memorobelia, etc. While the 1,000 dollar threshold generally rules out having to register to be a blogger, if people were really worried about it, they could add such a thing here.
Excerpts from ordinance (Score:2, Informative)
"all elections communicaitons shall reveal/identify who paid for them" ie this was paid by ________
dont try and hide who paid for the communication
people paying for elections communications must detail their bills and send them over to the city if they go over 1000 bucks in aggregate per year.
money contributions over 100 dollars which were intented to offset elections communications costs must be documented.
that 500 person distribution limit for internet
I've got no problem with it (Score:2)
I can't imagine having more than $1000 in blog-related costs. This rule will have zero impact on the avarage blogger.
The People have a right to know who is funding candidates, and all this requirement does is record who is paying the bills. Unlike the avarage blogger, these bloggers who market candidates have an agenda. Money is flowing, and we should know from where and to whom.
I think what will piss people off is they will have to reth
this is just the beginning.... (Score:4, Interesting)
the blogosphere cannot become complacent about intrusions like this -- its actually what MSM and our representatives prefer, largely because it enhances their own power and/or kills open source journalism. so there will be no MSM outrage over this -- they want to hold onto their roles as gatekeepers.
It is for the elected official themselves! (Score:3, Insightful)
I haven't fully comprehend the proposed ordinance. But I think you guy pull the trigger too quick. I think what proposed amendment is target for elected officials, not your average citizens. The whole thing is probably spawn the supervisor Chris Daly's blog and they feel there is need to clarify the the guideline for themselves.
Daly starts blog on city Web site District 6 supervisor first official to keep diary on city's site [sfgate.com]
Grossly Misleading Histrionics (Score:5, Informative)
The purpose of this legislation is not to "regulate blogging," as the submitter so breathlessly exclaims, it's to provide transparency in election financing. No one's being prevented from saying anything, or even from taking money to say a certain thing, but if anyone, whether blogger or billboard company or bumpersticker printer, receives money from a campaign or PAC to advocate that campaign or that PAC's issue, it's in the public's interest to know that fact. This is no different than the Federal laws that require political ads to identify the source of their funding ("This message has been brought to you by Citizens For Financial Obfuscation," that sort of thing.)
Bloggers are understandably defensive at the moment, since the serious political commentators and newsgathering blogs are frequently lumped in with the likes of Free Republic and teenagers' LiveJournals, but misrepresenting the issues at hand to turn everything into "the mainstream media/government/alien overlord is threatened by blogging!" is not a worthy strategy.
For the sake of argument... (Score:4, Informative)
-Expenses over $1000/year?
Check
-Poitical section of their site?
Check
-Hosted direct statements and opinions from candidates?
Check
-Has discussed San Francisco City elections?
Probably.
exemptions which includes "news stories, commentaries, or editorials distributed through any newspaper, radio, television station, or other recognized news medium" which certainly might include a web page.
Or it might not. Does this let all 'web pages' off the hook? Certainly not.
So...would they have to file IAW this ruling? It would appear so.
The article is summed up in the title of the post. (Score:3, Insightful)
Enough said.
This is like the UN trying to regulate the entire Internet. (April Fool's post)
My Reply To Maxwell (Score:3, Interesting)
I live in SF and I write a blog. It's not very political, but when it is, it is a very liberal blog. And if you continue on this path supporting this foolishness, and if it actually passes, I will do everything in my power to make sure you, and any supervisor who votes for this INSANE idea, are not re-elected.
This is Simply Wrong.
Rawls: Unfair, unjust, and unreasonable. Look it up.
It is unfair, because it singles out a form of free expression as a form of speech that requires regulation. Pure Hate Speech and shouting fire in a theatre are regulated free expression. Blogs have no business being regulated like that.
It is unjust, because it would treat all blogs the same. IF the blogger says "Bush is the Spawn of Satan", or "Liberals are the rotting core of Evil in the Universe" or "Go out and vote - it's important" it's all the same: political statements. This would clearly be an injustice.
and it is unreasonable, as a blog can be about a million things, and often are. Politics is often a central theme, but it is not the only. Therefore, it is unreasonable to paint semi-political yet popular blogs the same as some fire breathing partisan blog.
This legislation is also completely and utterly STUPID. Why? Because someone might live somewhere, but the blog could be hosted in FINLAND. Now: try and regulate political speech in Finland from San Francisco. Guess what: It Isn't Going To Happen. Ever.
The internet is international. Get used to it.
Worse, you have single handedly made San Francisco an international laughing stock, and more over: They Are Laughing At You.
Smooth move Maxwell.
I've always known you're not the sharpest knife in the drawer, but this latest embarrassment is really over the top.
I will not register. Furthermore, I will cheerfully join a class action lawsuit to fight this, right to the Supreme Court, if necessary. If that fails, then me and my family will take our leave of this city. We moved here many years ago, because it was a city of free spirits. Then the dotcom idiots did their dead level best to ruin the place, and now incompetent politicians such as yourself are putting the final touches on it final implosion.
I hope you're proud.
RS
Re:My Reply To Maxwell (Score:3, Interesting)
Your knee is jerking badly, IMO.
What is the problem with registering? What is the problem with disclosing that a someone is funded to be someone else's mouthpiece? Surely, if a blogger can register (on pain of penalty) that he is NOT funded by some scumbag, then that only increases the credibility of his viewpoint.
Re:My Reply To Maxwell (Score:3, Informative)
what i find interesting.... (Score:4, Interesting)
does slashdot count as a blog? (Score:4, Funny)
Free speech (Score:5, Insightful)
Ummm. The First Ammendment's entire purpose is to protect political speech.
No candidate or elected official should ever be shielded from the voice of the people. The 60 day moratorium on political speech by the public prior to an election is one of the most nefarious laws I have ever seen passed in the USA.
The entire purpose of the US Constitution and the Bill of Rights is to define the limits of government to act against the people. The campaign finance law has this all turned around.
And notice that it did not seem to actually work. The last election was awash in money.
Please read the Ordinance !! (Score:5, Insightful)
So campaign finance disclosure is now a bad thing?
Once again, it is apparent that /. authors and readers don't bother checking facts and blindy believe any piece of misleading drivel they find on the internet. This is yet another BS article blowing things out of proportion and trying to stir up controversy (and maybe slashdot readership?). If I want to readed misleading, inflammatory, blown out of proportion crap then I would just head down to the supermarket and open the Enquirer!
For those of you who didn't bother to actually read the ordinance before spouting off an opinion, The SF ordinance applies to people actually campaigning and doesn't specifically mention blogging. It says that if you are running for SF political office you have to disclose your expenditures. Standard policy. If you follow the editting marks in the ordinance, you'll see that it previously only referred to "expenditures". The revision added a lot of verbage to include "electioneering communications". Presumably that includes newspaper ads, radio spots, billboards, spam emails, a web site, setting up internet blogs, etc. I would be upset if a city didn't require candidates to disclose their expenditures.
The ordinance does not apply to the average Joe on the street. It does not apply to newspaper articles and blogs not commisioned by the campaigner.
This shall not be allowed (Score:3, Insightful)
I never thougt to see in my time this awful mixture of great evil from politicians and the people making excuses as to why removing their freedom is just fine. Is their no level of political evil and spitting malice from our supposed servants that will cause us to stand up in masse for freedom, for justice, for our lives, for anything? Are we rotten and empty to the core?
It won't pass, or if it does, it won't last (Score:3, Insightful)
Like every major city, stupid city ordinances get proposed. But the public learns about them, and they are remedied. You can't have 3/4 of a million people living in one place and expect EVERY proposed city ordinance to be pure gold.
Some crazy computer-less hippy probably proposed this. He will be dealt with accordingly. Go about your business.
God, sex, and corporations. (Score:3, Insightful)
Oh, ok. It's only regulateable speech if it's about something that matters. You can say "flowers are pretty" all day long!
I don't see how this doesn't violate free speech in unspeakable ways. Scream people, this is *worse* than the DMCA.
I think what bugs me the most is that the way speech used be "regulated" here in the US is that you couldn't talk about sex except with innuendo, and you couldn't talk about God unless you had something nice to say. Now those two aren't nearly as taboo, but the Supreme Court checked off the ability to regulate political speech, technical speech is regulateable under patents and the DMCA (recall that software is inherently speech), and people are really leery of mentioning brand names in ways that haven't been vetted by a team of lawyers.
Hence corporations: the new gods. Want to say "Wal*Mart sucks?" Sure, you'll have a case if they attack you. And they almost certainly won't. But, they can conceivably attack you- that's the problem.
Scientology sort of proves the point, with many of their amazing lawsuits.
I blame 'bloggers' (Score:3, Insightful)
When are the movies out? check the movie blog. WRONG, it isn't a log, it is a news article with a forward thinking measure.
I also hate the endless endless agregation, why even link to engaydget.com from slashdot whenthey are blogging about the same thing that
Damn damn damn. bah. *exasperating lack of ability to voice contempt for blogging* (except blogs that are retrospective personal logs - not just blogs for the same of link/comment/spam/$$$/whoring - and only those because they are really web logs)
Re:I blame 'bloggers' (Score:3, Interesting)
Your engadget reference is a good example of this
I actually READ the ordinance... (Score:3, Interesting)
The ordinance defines "electioneering communication" as mentioning a specific candidate for city office within 90 days of the election.
It requires ANYONE engaging in "electioneering communication" to include in the communication "Paid for by
It also requires anyone who spends more than $1000 a year on such communications to file a report with the city UNDER PENALTY OF PERJURY.
There are exemptions for person to person conversation and for major media outlets, such as newspapers and tv news organizations. It is very clear that the ordinance covers bloggers.
Recent Supreme Court decisions have distinguished spending from speech. It seemed like a logical distinction at the time, but we now are seeing the results of that sort of thinking... There is no a HUGE loophole in the First Amendment. Any form of speech other than direct person to person communication requires spending at least a little money.
Oh well, 200 years of (mostly) Free Speech is better than anyone else has pulled off yet.
Re:Not suprising at all (Score:4, Funny)
Pop quiz: which of these people is a Republican:
If you answered "McCain", congratulations! You have enough political knowledge to come out on the winning side of a 50/50 chance! Your "crowd of Democrats" appears to include equal numbers of Republicans and Democrats.
Quiz number 2: Which of the following Soviet dictators signed the McCain-Feingold act into law:
If you selected "George W. Bush", you're right again! Beloved Father of America Bush signed the McCain-Feingold Free Speech Destruction Act into law, thereby acheiving for the Republican Party what Soviet Russia could never do: limiting political speech in America.
Final question, regarding tolerance of other viewpoints: which of the following prominent politicians issued a threat on Thursday against any federal judge who dared oppose his wishes?
See if you can pick the right answer.
Re:Not suprising at all (Score:5, Insightful)
Judges cannot write laws. They never could.
So what's happening?
The GOP talking points now dictate that what used to be called "judicial review" or "separation of powers" should now be called "judicial activism" or "legislating from the bench."
It's really an homage to the power of words. All you have to do is call it "legislating" and people actually think that judges are out there writing laws. It's fucking absurd, pardon my french.
Judges have not "usurped" lawmaking powers. This is an absurdity. Judges have not and cannot write laws. All that's happened is some Republican media mouthpieces started calling Constitutionally-denoted judicial review lawmaking. That's the only thing that's changed. Judges have done not adopted any new practices of extra-constitutionally writing laws. Let's not even mention that the executive branch would also have to be extra-constitutionally enforcing these pseudo-laws -- Funny how this "separation of powers" stuff works.
See, the problem is that separation of powers gets in the way of real power -- power that the Constitution incidentally forbids. Three branches of government, checks and balances and whatnot. Apparently that all means nothing if a few propagandists changed their wording slightly.
But, let's forget all of that. What I really want to know is what exactly you mean by making judges "pay a price". What are you going to to, kick their ass? Arrest them? What?
Please fill me in. I eagerly await further enlightenment.
Re:I don't like having too many laws around. (Score:3, Interesting)
I think a lot of issues between Libertarians and Republicans could be resolved by seperating church and morals from party planks. As a Christian myself, I think the idea of making sins illegal cheapens Christianity. If lying, adultery, and other "