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Censorship Government Your Rights Online Politics

Online Freedom of Speech Act Introduced in House 391

Fox Cutter writes "Today in the House of Representatives, Congressman Jeb Hensarling (R-TX) introduced a companion piece of legislation to Senate Minority Leader Harry Reid's bill (S.678) to exclude the Internet from the definition of 'public communication' in the Bipartisan Campaign Finance Reform Act of 2002." If the bill passes, this would free the internet from FEC regulation.
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Online Freedom of Speech Act Introduced in House

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  • by RobertB-DC ( 622190 ) * on Thursday April 14, 2005 @09:16PM (#12240395) Homepage Journal
    Well, I'll be darned. After squirming over action items like "supporting the President in the War on Terror [house.gov]" and "Cracking Down on Indecency [jebhensarling.com]", I was concerned. We got a letter recently with a checklist of priorites, which included several of the buzzwords being bandied around by the radical right ever since they disguised fear and hate as "Moral Values" to win the 2004 elections.

    And then, Jeb Hensarling (R - Athens) goes and opens the door to "these newcomers to our political process [...] bloggers and online activists." (from TFA). And in a show of rare bipartisanship (on an issue not involving oil or war), he's partnering with a leading Democratic Senator. And some of the biggest beneficiaries of the legislation will be third-party bloggers, Greens [gpus.org], Libertarians [lp.org], and all the rest.

    It's as if he has a sense of civic duty. Maybe it's possible, even today. After all, there are an awful lot of "R"s in Texas who were "D"s in a previous life.
    • by Chris Burke ( 6130 ) on Thursday April 14, 2005 @09:32PM (#12240494) Homepage
      It's as if he has a sense of civic duty. Maybe it's possible, even today.

      For politics, that's a healthy positive you have there. "The glass is somewhat damp" as opposed to "The glass is almost completely barren".

    • by Anonymous Coward
      Sorry but... why pass a law to establish the first fucking amendment? Here's an idea Congress, how about some bills that prevent censorship of TV and radio.
      • by geekee ( 591277 ) on Thursday April 14, 2005 @10:02PM (#12240675)
        " Sorry but... why pass a law to establish the first fucking amendment?"

        Because they've already passed laws involving political speech that violate the 1st amendment in the name of "fairness" in political campaign finance. Now they're writing laws to exclude the internet since the older laws would otherwise include the internet.
        • Fair Speech (Score:5, Insightful)

          by AtariAmarok ( 451306 ) on Thursday April 14, 2005 @10:04PM (#12240683)
          "Because they've already passed laws involving political speech that violate the 1st amendment in the name of "fairness" in political campaign"

          I'm still waiting for someone to show me where in the Constitution it says that freedom of the press is only allowed if what is being said it considered to be "fair" by the government. (the backers of the "Fairness Doctrine", which censors broadcast media that the government does not like, seem to think so). They must have a different Constitution. Any idea where I can get a copy of it?

          • "I'm still waiting for someone to show me where in the Constitution it says that freedom of the press is only allowed if..." yada, yada, yada.

            Show me where the Constitution says freedom of the press includes the government having to supply the press. What part of "the airwaves are the property of the people as a whole, and holders of broadcast licenses are only permitted to use them in the public interest, not to exploit a monopoly to push one particular point of view" are you not grasping?

            • Re:Fair Speech (Score:3, Insightful)

              by David Gould ( 4938 )

              I'm more curious to see the part of the Constitution that defines contributing money to a political party/candidate as an act of "speech".
              • Re:Fair Speech (Score:5, Informative)

                by WoodstockJeff ( 568111 ) on Friday April 15, 2005 @01:47AM (#12241809) Homepage
                Political contributions were judged by some people in Washington, often referred to as "The Supremes", to be a form of political speech, exercised by supporting those candidates whose views mirror your own. "Political speech" is what the First Amendment particularly protects.

                Of course, another group in Washington decided to pass laws that impose limits upon how much political free speech you can do about any particular federal candidate, and later passed more laws saying you couldn't do so much free speaking when it comes to the party of your favourite candidates.

                But they get around that by allowing you to send an unlimited amount of free speech to a licensed-by-the-government organization to spread it around TV and radio stations, so long as no one can tie the control of those organizations back to the political parties or candidates. Which is going to get very interesting here soon, since one of those organizations, MoveOn.org, is now claiming they're going to "take back control" of one of those parties...

                And, of course, none of this takes into account money spent by people hiring relatives of political office holders to sit in Washington and lobby congress, getting very favourable legislation passed with the help of their personal Senator or Representative.

            • Re:Fair Speech (Score:3, Interesting)

              by maxpublic ( 450413 )
              What part of the Constitution grants the federal government any power whatsoever over the airwaves? According to the 10th Amendment:

              "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

              And no, the interstate commerce clause *cannot* be used to justify whatever federal power you have a hard-on for, despite historical precedent. Amendments trump original clauses, by definition.

              Max

              "
              • Re:Fair Speech (Score:3, Interesting)

                by Tassach ( 137772 )

                What part of the Constitution grants the federal government any power whatsoever over the airwaves?

                Article I section 8: "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes", otherwise known as the Commerce Clause.

                And no, the interstate commerce clause *cannot* be used to justify whatever federal power you have a hard-on for, despite historical precedent

                As a strict constructionist myself, I agree with you that the Commerce clause is very over-used for

        • Now they're writing laws to exclude the internet since the older laws would otherwise include the internet.

          Not that I don't support the first amendment in every facet, but why should the internet be different? Seems to me that either the old law should be stricken, or not.

    • The Republican party has had an enormous organization with under-the-radar modes of disseminating information for the last 40 years. The recent talk radio battle between left & right is a new thing only for the left - conservative talk radio has been around for ages. Door to door and mass mailings are the Republicans strong suite and have been for years.

      With that backdrop, I think it's hardly surprising that the right would work to protect blogging and the internet. We've seen it at work already wit

      • The Republican Noise Machine by David Brock is pretty good.

        In case you aren't aware, Brock used to be part of the Vast Right Wing Conspiracy(tm) and now runs Media Matters for America.
        • "and now runs Media Matters for America"

          I just read about them. They are one of these "astroturfed" interest groups formed mainly to censor those they do not like, such as the Sinclair Group. They are making the false accusation that the Sinclair Group is "abusing the airwaves" by expressing opinions that Media Matters does not like, and they are pushing for the government to censor the Sinclair Group.

          Whatever happened to tolerance for opposing views? Why must groups like this work so hard to get the go

          • Whatever happened to tolerance for opposing views?

            OK. Show me where you get "opposing views" from the Sinclair's spouted over the airwaves evey night in the seventeen or so states that they broadcast in. And, no, I don't count CNN or broadcast news as "opposing views".

            BTW, in case you haven't noticed, these guys are the establishment now. Playing the "poor little stomped on me" card is getting old really quicly. And guess what? Being in control just makes them suck more.

            • "OK. Show me where you get "opposing views" from the Sinclair's spouted over the airwaves "

              It is their programming. They have a right to say whatever they want. Including opposing views is an editorial decision they might or might not make. It is exactly the same as the New York Times choosing to print whatever views they want in their editorial pages. (and whether or not you count CNN as an opposing view, it is one. Not that it matters).

              "BTW, in case you haven't noticed, these guys are the establishmen

          • In my book, people are more than welcome to express their political opinion and opposing views. However, when you present such opinion as Truth on my airwaves, well, we have a problem.

            All I'm asking for is to present both sides as just that -- opposing views. Moore offered Sinclair his movie for free. If they were truly interested in political neutrality, they'd play F9/11 right after Stolen Honor [stolenhonor.com].

            Again, you might own the licence to the spectrum, but they're everyone's airwaves. Respect that.

            • "However, when you present such opinion as Truth on my airwaves, well, we have a problem."

              So, if the opinion does not agree with yours, it must be censored? No, they are our airwaves. The government has rightly seen to it that this "medium" is much like the newspapers, with freedom of content. Also, last time I checked, it was free speech for someone to say that their opinion is true.

              "All I'm asking for is to present both sides as just that -- opposing views"

              You can ask, but you cannot force your view

    • A republican is actually deregulating something good?
    • > After all, there are an awful lot of "R"s in Texas who were "D"s in a previous life.

      Please remember that not all Republicans are God-exploiting neocon fucks. Some of them still stand for the positive things Republicans stood for before Reagan.
  • by Mr Ambersand ( 862402 ) on Thursday April 14, 2005 @09:17PM (#12240397)
    The chances of the government voluntarily passing up a chance to regulate the government is only slightly less improbable than them passing up a chance to solicit more taxes.

    In short, this is a pr move; nothing to see.
  • Careful though (Score:4, Insightful)

    by fembots ( 753724 ) on Thursday April 14, 2005 @09:17PM (#12240399) Homepage
    What's to stop the creation of another internet-specific regulation, which can flex its muscle solely on internet publication without worrying about collateral damage?
    • Re:Careful though (Score:4, Insightful)

      by William Robinson ( 875390 ) on Thursday April 14, 2005 @09:44PM (#12240577)
      The trouble is internet can not be regulated as everything else.

      A web site can be located outside jurisdiction of US. The contents can not be blocked without massive firewalling. Worse enough, emails might carry specific IP addresses with different port to look at prohibited contents. If u look at the artillary of protocols, It will be gigantic task to setup a watchdog to regulate things there.

      That will be awful waste of taxpayers money. my 2 cents.

    • What's to stop the creation of another internet-specific regulation

      Votes. Vote for the legislators that tend to back less regulation and government involvement in daily life, commerce, and election communications.
    • The First Amendment, Scalia and Thomas.
  • I demand to know: (Score:5, Interesting)

    by antimatt ( 782015 ) <xdivide0@gmail.com> on Thursday April 14, 2005 @09:17PM (#12240401) Homepage
    If the Internet does not constitute 'public communication,' what possibly can?
    • by geekee ( 591277 )
      " If the Internet does not constitute 'public communication,' what possibly can?"

      They're just trying to get themselves out of the hole they dug when they passed the Campaign finance reform laws. Someone pointed out that these laws should apply to the internet as well, so they decided to make up some nonsense about the internet not being a tool for public communication so it is not affected by the campaign finance laws.
    • by SydShamino ( 547793 ) on Friday April 15, 2005 @01:02AM (#12241610)
      In this sense, I think the Internet is not "public communication" because it is listener initiated. In other words, individual members of the public have to request the materials (by visiting web sites, viewing blogs, subscribing to mailing lists, etc.) to be contacted.

      This is no different than you or I calling up or visiting a local campaign office. The candidate or his staff can "campaign" at us all they want if we choose to walk in the door of their office.

      If this is the definition from which they base "public communication" though, then politicians resorting to Unsolicited Political Email (is there a name for that? Pork?) would still have problems. (...as they should, but not because it is political, but because it is unsolicited...)
      • In this sense, I think the Internet is not "public communication" because it is listener initiated. In other words, individual members of the public have to request the materials (by visiting web sites, viewing blogs, subscribing to mailing lists, etc.) to be contacted.

        The TV is also listener initiated, because I have to turn it on and set the channel I want. I know lots of people have a problem with that idea, and throw tantrums at Fox / boobies / etc, but they choose what they watch.

        I've seen TV regul

  • by merpal ( 873013 ) on Thursday April 14, 2005 @09:17PM (#12240406)
    especially after all the attention blogs have been getting lately.
    • As opposed to... (Score:5, Insightful)

      by ShatteredDream ( 636520 ) on Thursday April 14, 2005 @09:30PM (#12240482) Homepage
      The Supreme Court ruling that the existing legislation was constitutional? The precedent has sadly already been set, that's why this bill is trying to lessen the damage.
  • Just A Band-Aid (Score:3, Insightful)

    by Anonymous Coward on Thursday April 14, 2005 @09:20PM (#12240415)
    This is what happens when the government tries to regulate speech. No, I'm not talking about the Internet, but campaign contributions which really is free speech in action. This band-aid solution shows how much the Campiaign Finance Reform censorship of the government has backfired, big time. We shouldn't need this provisions if some people in the government stopped trying to stop "big money" in campaigns, when it's really just another way for the incombents to stay in power and keep others from entering politics.
  • HOW? (Score:5, Funny)

    by kir ( 583 ) on Thursday April 14, 2005 @09:20PM (#12240421)
    How could it be that a Republican introduced a piece of legislation like this? From my slashdot mind-meld, I was taught that all Republicans are evil and wish to take away all of my rights. Oh yeah... and they're ignorant of the internet.

    Flame on!
    • Re:HOW? (Score:5, Funny)

      by XFilesFMDS1013 ( 830724 ) on Thursday April 14, 2005 @09:45PM (#12240588)
      and they're ignorant of the internet.

      Of course they are, a Democrat created the internet, why would the GOP want to embrace it?

      (And yes, I hate myself for spreading the (fake) story)
    • by bmw ( 115903 )
      They are evil and they do want to take away your rights ;-)

      To be serious though... It doesn't entirely surprise me that this bill came from a Republican. Is it not true that most Republicans are actually against regulation by the government? They prefer that the government did not meddle in their business or personal affairs. This is one area that I tend to agree with them.
      • Re:HOW? (Score:4, Insightful)

        by Brandybuck ( 704397 ) on Friday April 15, 2005 @12:04AM (#12241355) Homepage Journal
        There are two broad "wings" to the Republican party. The first is the (quasi-)libertarian wing, which wants smaller government, lower taxes, and fewer regulations. Then you have the social conservative wing which wants to use government to create/restore/preserve their vision of society.

        The Republican party as a whole is a compromise between these two viewpoints (there's also a few minor factions). But I'm thinking the divide between the two camps is widening. The social conservatives have tasted power, and they don't want to give it up. To them "small government" was merely a tactic to use while they were out of power. The libertarian wing, on the other hand, is starting to wonder what the difference really is between their big government Republican brethren and the big government Democrats.
    • Re:HOW? (Score:4, Insightful)

      by MC68000 ( 825546 ) <brodskie.gmail@com> on Thursday April 14, 2005 @10:13PM (#12240739)
      Republicans are generally against campaign finance reform, even though republican John McCain started this whole mess. Bush only reluctantly signed it.

      What's more important is the slashdot mind-meld. I'm a Republican and a poster on Slashdot for only a few months. It is true that I sometimes cringe and laugh out loud at posts here. But that is the world we live in, and for every "Bush=Hitler" post there are many more with thoughtful criticisms of GWB that are worth reading and responding to. When people engage in such debate, there is at least a tacit level of respect between all parties concerned. When you debate enough Republicans, you realize that although you disagree with them, they are not vampires, and you can have them as friends and colleagues. Again, through debate, you realize that I'm not evil, that I don't run over kittens with my Hummer for fun, and that I love it that both I and the people who disagree with me completely can debate.

      Oh yes, I also use Firefox. That at least will get me a good mod.
    • Re:HOW? (Score:3, Interesting)

      I'm not trying to flame you here, but this isn't a Republican coming up with the bill. Harry Reid is the senate minority leader (and thus a Democrat). This republican is introducing a bill which is a companion to his, so that they could (theoretically) both be passed and then go to a conference committee, before going back up for a vote and then on to the president for signing or vetoing.

      Anyway, it seems to be more bipartisan than soley Republican or Democrat. If someone wanted to nitpick they could poi
    • Re:HOW? (Score:3, Informative)

      Strictly speaking, it's doesn't free the internet from regulation. What it does is free registered campaigns from regulation of spending on the internet. Your rights as a slashdotter or blogger aren't really affected by this.
  • by bmw ( 115903 ) on Thursday April 14, 2005 @09:26PM (#12240447)
    The short summary given in the article makes this out to be a very good thing. I understand how preventing the FEC from regulating the internet is a good thing but what's this about the internet not being considered public communication? It seems to me that the internet covers both public and private communication. Webpages without access control are certainly public, are they not? Also... what exactly does it mean for something to be considered public communication? I'm not terribly familiar with the specific laws involved but I assume this is saying that public communication must be regulated in order to protect the public at large. Definitely not something we want.
  • by John Seminal ( 698722 ) on Thursday April 14, 2005 @09:28PM (#12240464) Journal
    What congress is trying to do is make loopholes into compaign finance laws. By excluding the internet, members of congress are giving themseleves a place they can spend as much money as they want in elections. This is bad because the only people who will be able to run for office will be the very, very rich or those who are funded by corporations and groups. In effect, unless you are Ross Perot or funded by companies (the right) or unions (the left), you will not have the money to run.

    I believe the avarage senate seat now costs over one million dollars. The president raised over $60,000,000 of hard money. The days of going door to door, meeting people is over. The days of long talks about what you believe and why is over. The new 30 second soundbyte is in, and the negative attack ads.

    • This is bad because the only people who will be able to run for office will be the very, very rich or those who are funded by corporations and groups. In effect, unless you are Ross Perot or funded by companies (the right) or unions (the left), you will not have the money to run.

      Isn't this already the case? I mean... I know anyone can run for public office but how many people actually make it into important positions without funding from the usual places.
      • Isn't this already the case? I mean... I know anyone can run for public office but how many people actually make it into important positions without funding from the usual places.

        But there was hope the problem would be fixed. People like Senator John McCain wanted to limit how much money got in the political process. People like former Senator Paul Simon admited he spent over one year each term doing fund raising, and he felt compelled to anwser the phone from those groups which funded him. He said "how

        • by bmw ( 115903 )
          You are absolutely right. Limits on how much money can be contributed to a person's campaign is something we desperately need. Personally, I don't think ANY money should be able to be given to politicians. Every candidate running for a particular office should be allotted an equal amount of money that would be gathered from the public, most likely via taxes. This is something that I actually wouldn't mind paying taxes for. At least then we might get a somewhat fair election. Oh, and they should all get equa
          • "Limits on how much money can be contributed to a person's campaign is something we desperately need"

            Why? So only the Perot's who are already super rich can run?

            "Every candidate running for a particular office should be allotted an equal amount of money that would be gathered from the public, most likely via taxes"

            Only if these taxes were voluntary. Why should a Green be forced to give money to the Buchanan campaign and vice-versa? That violates basic political rights. Let each person choose.

            "At lea

            • by bmw ( 115903 ) on Thursday April 14, 2005 @10:06PM (#12240695)
              Why? So only the Perot's who are already super rich can run?

              I guess what I was suggesting would include the person running themselves. Basically what I meant was that they shouldn't be able to use ANY money except what was given to them for their campaign with each candidate being given the same amount.

              Only if these taxes were voluntary. Why should a Green be forced to give money to the Buchanan campaign and vice-versa? That violates basic political rights. Let each person choose.

              How many of the existing taxes are voluntary? I agree that they should be but that just isn't the case currently. I certainly don't approve of my money being used to build bombs. Do you?

              "Oh, and they should all get equal time on any sort of public debate."

              That should be left entirely up to the organization holding the debate.


              Well then we need a government appointed organization to hold _fair_ debates where each candidate gets a chance to participate. This two party BS is ridiculous and insulting.
              • "Basically what I meant was that they shouldn't be able to use ANY money except what was given to them for their campaign with each candidate being given the same amount."

                It is so easy to think of loopholes around this. Even then, I never imagined that the "527's" would prove McCain-Feingold to be nothing at all.

                OK, let's say I have these restrictions. I'm Ross Perot, for example. Instead of campaigning, I fly around the country educating people about civic affairs. It is not a campaign, no it is not! h

                • by bmw ( 115903 )
                  "This two party BS is ridiculous and insulting."

                  Then form a better party.


                  And who decides what a "better party" is? We already have plenty of other parties but do any of them actually stand a chance in hell of winning? Not last time I checked. That was my point about changing how candidates get their funding. I admit it probably wouldn't ever work but we certainly need to do _something_ to change the current situation. Having other parties doesn't do a whole lot of good if they don't have any way of getti
                  • "And who decides what a "better party" is?"

                    Americans individually do this, by choosing to join them or not to join them.

                    "Having other parties doesn't do a whole lot of good if they don't have any way of getting their message out to the public."

                    They do. I see plenty of material from the fringe parties during campaigns, perhaps in excess of the proportion of support for them. The problem is less than "we can't be heard" than it is that these fringe parties try to appeal to 3% of Americans instead of 73

                    • They do. I see plenty of material from the fringe parties during campaigns, perhaps in excess of the proportion of support for them. The problem is less than "we can't be heard" than it is that these fringe parties try to appeal to 3% of Americans instead of 73% of Americans.

                      You do? That's odd... All I ever seem to hear about through the mainstream media are the democrats and the republicans. If you want to know about the other parties you have to actually put forth a fair amount of effort to seek out the
                    • "How can you argue that such a situation isn't totally screwed?"

                      Whether or not it is screwed, is it really the government's business how many are in the private political organizations in which people band together out of common interest? Or how many of these organizations there are? Or how few? The Constitution is party-neutral.

          • I don't think ANY money should be able to be given to politicians. Every candidate running for a particular office should be allotted an equal amount of money that would be gathered from the public, most likely via taxes.

            Again, that would benefit the rich. How would you or I go up against an Edwards, Bush, Kerry for a Senate/House seat? They have millions in personal money to spend us into the ground.

            • "Again, that would benefit the rich. How would you or I go up against an Edwards, Bush, Kerry for a Senate/House seat?"

              Of course it would. The parent is actually demanding that the government give large sums of money to people like this who are already rich. His exact quote: "Every candidate running for a particular office should be allotted an equal amount of money that would be gathered from the public, most likely via taxes"

              Talk about one of the worst wastes of money ever!

            • Again, that would benefit the rich. How would you or I go up against an Edwards, Bush, Kerry for a Senate/House seat? They have millions in personal money to spend us into the ground.

              Sorry, I did not explain what I meant adequately... My intention was that each candidate by given an equal amount of money for their campaign and be restricted to only using this money for their campaign needs. They would not be allowed to use either their personal money or money contributed by private 3rd parties. This would
        • But there was hope the problem would be fixed.

          There was?

          Naw. There was traction to be gotten by grandstanding about it as if 'the problem' could be fixed.

          I would fear some mediocre 'average person' achiving powerful political office in our country. The key to 'abuse of political power by those with money' is to drastically reduce said political power, so there isn't very much to buy.
    • by Infonaut ( 96956 ) <infonaut@gmail.com> on Thursday April 14, 2005 @10:19PM (#12240774) Homepage Journal
      The days of long talks about what you believe and why is over.

      In my experience as a 37 year old American, the only time I've ever engaged in long talks with people about what I believe and why were occurred during the three years I lived in Washington, DC. People inside the Beltway talk about this sort of thing all the time. You go into a bar and instead of asking someone what their sign is, you ask them who they work for and what their party affiliation is. Then you start arguing politics. It's quite fun, actually.

      But even though I took a lot of PoliSci in college and have worked in the nonprofit and in federal government, the days of long talks about what I believed and why never existed outside my time in D.C.. In my experience the only people in America who are truly interested in the truly deep details of politics are people inside the Beltway, who have a much more sophisticated view of politics than you might imagine, because in order to get things done, they have to know the details.

      For the rest of America, politics is unfortunately either a yawner or an excuse to shout about deeply-held beliefs without ever investigating the details. Negative attack ads have been a staple of political advertising for as long as I can remember, and they just keep getting worse, per your statement.

      • by bluGill ( 862 ) on Thursday April 14, 2005 @11:31PM (#12241186)

        People inside the beltway are far more likely to work for congressmen than people in the rest of the US. This concentration of people who have to know politics in detail is what allows you to have those conversations. Those same people would be unable to have a in depth conversation on the merits of various corn varieties. Its what you know.

        Of course once you have a critical mass of people who know the subject onlookers who otherwise won't have to care become sucked in because the only way to have a conversation with most people is to talk about politics in detail. People have the same problem with me, unless the topic is computer programing I can't hold a conversation. I know politics (Not to the level you do), but I don't know how to hold a conversation about it.

    • Do you really think there was ever a time in history when someone, somewhere on the planet, could rise to a position of power without a fanatical support group and some money?
      • "somewhere on the planet, could rise to a position of power without a fanatical support group and some money?"

        Look at Ol Jugears and his predecessors, especially the ones of much older days who had a lot of power. All they had to do was be born in a palace.

        • Re:Yeah, I can. (Score:3, Informative)

          by TapeCutter ( 624760 )
          "Ol Jugears" does not have anywhere near the power his dictatorial predecessors had, his influence is comprabe to any other rich celebrity. Politically and religiously he is a mere figure head who travels around in funny costumes cutting ribbons and rasing money for charity.

          Being born in a palace in "the much older days" was only part of the road to power. To get to the throne you had to outlive your parents, uncles, aunts, and older siblings/cousins that were an obstacle due to pedigree or influence. Th
    • "members of congress are giving themseleves a place they can spend as much money as they want in elections. "

      I hate to burst your bubble, but members of the House of Representatives are decided every ten years in the state capitals. When the districts are drawn in such a way that it gives one party's candidate a distinct majority, and margins of victory unheard of in state-wide or presidential elections, the biennial elections are mere formality. No amount of money can change demographics.

      The argument
    • by deblau ( 68023 )
      Um, do you know how much money it takes to set up and maintain a campaign webpage? About $100/mo for colo fees, tops, plus the donated time of a web jockey who would love to get "worked for X campaign" on his resume. How is this going to exclude third parties and everyone but the "very, very rich or those who are funded by corporations"? The Internet is an extraordinarily flat playing field. I could run an Internet campaign with the change I found in my couch today.
    • by bigpat ( 158134 )
      I find it funny that only after Ross Perot stirred the pot in 1992 did we see movement on campaign finance. To the effect that the Party Duopoly has conspired to carve up the country along party lines to the exclusion of real debate about the future of this country. Ross Perot was talking about the budget and all the two parties wanted to talk about was how to spend the scraps from the table. It took a Billionaire to threaten the two party's hold on power and begin a non academic discussion on the danger
  • Watch out ! (Score:2, Funny)

    by darthgnu ( 866920 )
    Im sure there is some evil plan behind this.
  • by Anonymous Coward
    Next we need to free the internet from RIAA regulation >.>
  • by william_w_bush ( 817571 ) on Thursday April 14, 2005 @09:41PM (#12240556)
    Perhaps... perhaps we shouldn't /. this as "good news". I know we all hate M$, and love linux, and hate sw patents... but maybe we should sit down a sec and think about what this bill is doing.

    The Internet is "not" a public communications medium, so... it's a cheese bagel?

    This is not about free speech, free speech is letting me say what I think w/o going to jail. This is about the net as a political medium.

    That said, I am not against this bill, but the /. "hypocrisy is ok as long as it agrees with me" logic should take a back seat to common sense. Giving extremist political groups more room to shout their message for money is another thing we all think is "a bad thing(tm)" right?

    I disagree with the supreme court ruling that says $ = speech, because that implies rich people have a louder voice than poor people, which seems not so good.
    • Not a bad thing (Score:3, Insightful)

      by AtariAmarok ( 451306 )
      "Giving extremist political groups more room to shout their message for money is another thing we all think is "a bad thing(tm)" right?"

      It is not about "giving", but it is about allowing others to express their opinions, despite our opinion that they are "extremist". Censoring? Now that is a "Bad Thing".

      "I disagree with the supreme court ruling that says $ = speech"

      $ is often speech, especially when we are talking about laws (McCain-Feingold) which cut off money as a means toward censoring political s

  • by Kohath ( 38547 ) on Thursday April 14, 2005 @09:42PM (#12240562)
    If politics on radio and TV should be censored, then the Internet should be censored too.

    The entire campaign finance law needs to be repealed. Not modified. Not limited. Repealed.

    Restore freedom of speech before it's too late.
    • The problem is that this type of "freedom of speech," makes it very easy for those with the most money to win elections. So, the more that companies and other large groups are allowed to donate to PACs, the easier it is to "buy" an election.

      It's a difficult balancing act between freedom of speech and the integrity of our elections. Both are very important to our democracy, so perhaps you need to consider both sides of this issue before you pick freedom of speech over election integrity.

      There is a middle
      • Yet, amazingly enough, the highest spender is not always the winner. The big bucks will certainly get you the attention, but it won't guarantee your win. Otherwise Ross Perot would have been president. Just because you are easily swayed by high spending media blitzes doesn't mean everyone else is.

        Big corporations back regulations for the purpose of keeping small up-and-coming destabilzing competitors out of the industry. They can absorb the cost of the regulation while the guy with the $25K SBA loan can't.
      • You put that well, although I disagree.
        Every time the government imposes censorship on election speech, it undermines the integrity of the election process.

        Let's be clear here that the bill would not prevent the FEC from censoring the internet. It would amend section 301 of BCRA, to clarify the issue in Shays-Meehan v FEC, which requires the FEC to revisit rulemaking on applying section 301 to the internet.
        The public comment period for that rulemaking is now under way, and we need slashdotters to take par
    • Why?

      I don't live in your country; What passes for your politics is (mostly irrelevant to me on a day-to-day council tax basis).

      What you are suggesting is close to what China as a government thinks.

      Your post (if not a troll) should be considered as -1 Dumb.
      • "What you are suggesting is close to what China as a government thinks."

        Kohath was indeed insightful, and his view is the opposite of the China government system. There, no-one has the freedom to run against, spend against, or criticize government officials. What Kohath asked for was the maximum unfettered freedom to do these things.

    • There is a fundamental difference between radio and TV on the one hand, and the internet on the other. If you set up a web server in your house, and I set up a web server in my house next door, we're not stepping on each other's toes; someone accessing your server has no effect on mine, and vice versa. But if you set up a radio or TV broadcast tower on your roof, and I set up another one on mine, and we're broadcasting at the same frequency, we are very definitely interfering with each other. We either h
  • Kinda odd... (Score:4, Insightful)

    by WareW01f ( 18905 ) on Thursday April 14, 2005 @09:43PM (#12240573)
    I'm all for campaign reform, but it just seems odd that anyone could limit 'public communication' with respect to the Internet. Granted banner ads add a whole new dimension to reaching an audience. Even if they could place restrictions on overt campaigning, its the shadow tactics that have more effect anyway. ie You can shape someone's opinion by what you don't print/say sometimes more than what you do. I myself read news from many sources and people I know and talk with point me to articles on all sides of the coin. Unfortunately some people out there can't get past their one news source. (Fox/CNN/blah/blah they all have a bias folks) But people aren't changing view at that point anyway.


    Of course even if they did try and limit things. If they can't control porn/spam/gambling/etc on the net now, they sure as hell wouldn't be able to do anything about people blogging on servers outside the US.
  • by AtariAmarok ( 451306 ) on Thursday April 14, 2005 @09:44PM (#12240584)
    It is a good start. First, the Internet. Next, make sure that all other media are free of the FEC censoring someone for expressing a view about a political candidate or issue.
  • I tried searching around, but was unable to come up with the full text of the act this is proposing to amend. Call me paranoid, but without seeing the context, I can't feel jusified in having an opinion on the proposed amendment.

    The Wikipedia article [wikipedia.org] did link to a partial report [congress.gov], but I profess ignorance in how to decipher where Paragraph 22 is, if it's listed. Other links I've found seem to rely on a couple 404's at Cornell, subchapter I [cornell.edu] and subchapter II [cornell.edu].

    Any help would be greatly appreciated.
  • by Turn-X Alphonse ( 789240 ) on Thursday April 14, 2005 @10:01PM (#12240671) Journal
    An open letter to all political assholes.

    Stay off our internet. We don't need you "running" it. We don't WANT you running it. Right now theres ALOT worse crimes going on in the real world (rape, murder, muggings and such). Which need solving before "OMG someone said I wasa jerk on a blog!" or "OMG He downloaded a song! 12 years in jail!".

    Go fix the real world an leave the digital one to people who know about it, not just jerk off with it.
  • Bullocks... (Score:5, Insightful)

    by Kr3m3Puff ( 413047 ) * <meNO@SPAMkitsonkelly.com> on Thursday April 14, 2005 @10:10PM (#12240724) Homepage Journal
    This isn't a freedom of speech campaign, this is trying to get PAC money on the Internet and not allow restrictions. Basically it allows campaigns to do what they can't do now, pay for "free speech."

    I don't see freedom in this. I can still blog away, as long as I am not accepting regulated campaign funds to do so. People bat this around like they are making us more "free" when all it does is allow the guys with money to influence our true freedom of speech.

    This is like paying the New York Times to write a nice acticle about your campaign. The FEC doesn't allow that, nor should they allow money to influence one of the last bastions of true free speech.

    Think about it people!!!!!!
  • Imagine that! (Score:3, Interesting)

    by werdna ( 39029 ) on Thursday April 14, 2005 @10:16PM (#12240759) Journal
    Another politician that thinks we need to reduce campaign regulation.

    Wonder if he believes in freedom of speech for non-pols? Was he around when the votes came up for CDA and son-of? How did he vote?
  • by goon america ( 536413 ) on Thursday April 14, 2005 @11:12PM (#12241085) Homepage Journal
    You can find an exact copy of bill S.678 here in PDF [gpo.gov] and here [loc.gov]

    It says simply
    Paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(22)) is amended by adding at the end the following new sentence: `Such term shall not include communications over the Internet.'.


    Now, let's google a little further for the bill that this bill amends. Strangely it's missing from any of the summaries I've seen. Ah, here it is [fec.gov] (warning: large PDF).

    Here's the text of the section being amended (431:22):
    (22)
    Public communication. The term 'public communication' means a communication by means of any broadcast, cable, or satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public political advertising.


    The last bit of emphasis I added. Just as an exercise, let's see how this would look as amended:

    (22)
    Public communication. The term 'public communication' means a communication by means of any broadcast, cable, or satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public political advertising. Such term shall not include communications over the Internet.


    So, this bill would exempt all campaign regulation relevant to advertising spending so long as it was on the internet.
  • by cahiha ( 873942 ) on Thursday April 14, 2005 @11:15PM (#12241100)
    There is a reason we have an FEC and why it regulates campaigning. Exempting an entire communications medium may end up neutering the FEC entirely and seems unreasonable.

    By analogy, let's say there was a lot of political activism on amateur radio. Great, your Congressman says: we should exempt all radio-based communications from FEC regulation. Oops--all of a sudden, TV and commercial radio are off-limits to FEC regulation.

    I don't see why the Internet needs any special legislation here. Paid election-related activities on the Internet should be regulated the same way they are regulated in any other medium. And, yes, that may mean "registering a blog" if that blog was created for a PR firm that is getting paid millions of dollars for its work; astroturfing is, in some sense, worse than other kinds of commercial advertising.

    Unpaid, personal activities should be unregulated on the Internet, and they should be unregulated anywhere else.
  • by smchris ( 464899 ) on Friday April 15, 2005 @07:34AM (#12242890)
    Does anyone think the Congressman acted out of principle?

    My bet is that his party saw how well campaign-paid blogging worked in South Dakota to upseat minority leader Tom Dashle. Basically, the Republican Party experimented with the internet this election and concluded that, yeah, we can work within this system to effectively spread propaganda.

    So it comes down, as it does so frequently, to whether speech is free absolutely or whether outright lying should be prohibited (ala European laws) when there is a net social impact in how the lies influence the foolish. There is no clear answer. We prohibit false advertising claims in the U.S. all the time. Why not make it a federal offense to finance a blog that claims, for example, that presidential candidate John McCain has an illegitimate black baby?

    Personally, I want to come down on the side of absolute freedom of speech. I just have the sinking feeling that I'm being played for a fool in doing so in this age of concentrated mass media.

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