BLOGGERS! Beware! Your Voices May Be Quieted During Elections

Bloggers Beware

Bloggers were one of the big political successes of the 2004 election. This motley group of opinionated writers used their cyber soapboxes to attack and defend the presidential campaigns and the two major parties. Their websites offered a fresh look at politics and implicitly undermined the Establishment media that so many Americans have come to distrust. In other words, bloggers used freedom of speech to improve American democracy.

Naturally the federal government is about to come down hard on bloggers.

Here's why. In 2002, Congress passed the McCain-Feingold campaign finance law which restricted political advertising by corporations and labor unions on television and radio. The Federal Election Commission—the agency charged with implementing McCain-Feingold—initially decided that Congress had not intended to restrict political speech on the Internet.

Last fall, a federal judge said exempting the Internet from the law's restrictions on political speech would undermine McCain-Feingold. Now the FEC is back at it trying to figure out how to restrict political speech on the Internet.

If you care about freedom of speech, there are good reasons for concern. The FEC may conclude that allowing political advertising by campaigns and parties on websites will undermine the restrictions on ads in McCain-Feingold. Ads on the Internet would be a loophole to McCain-Feingold that the FEC should close.

But bloggers don't necessarily work for a campaign or a political party and thus should not fall under McCain-Feingold, right?

Don't be too sure. Bloggers often endorse candidates or parties in an election. Those endorsements are of value to the candidates and may end up being treated as a campaign contribution, subject to limits and disclosure. Bloggers may also contribute to a campaign by linking to a candidate's website or republishing a candidate's press release.

Of course, The New York Times can endorse candidates for office and promote their causes, and you might think that bloggers would enjoy the same First Amendment protections. But you would be wrong. The FEC has not given news sites or bloggers what is tellingly called "the press exemption" from campaign finance laws. What bloggers say and do may well fall under federal campaign finance restrictions.

I cannot speak for any other bloggers, but I will continue writing about what I think is right or wrong... and endorse candidates from any party or any view of the world based on my assessment of the facts, platforms and integrity of the candidate. And if the fed comes after me with prosecution under the FEC's rules, I will get me a gun and advocate a revolution. That may sound like an extreme view... and I detest extremes. But when it comes to my fundamental rights I am an ungiving person. I will not allow the government to tap my phones without a warrant and due process. I will not house soldiers in my home without my consent. I will not allow the government to restrict my freedom of speech. I will not allow the government to tell me who I can hang out with, live with, have sex with, share my resources with, caucus with, visit with or associate with in any unlawful manner. I will not allow the government to tell me how to worship. I will not allow the government to force me or others to reveal self-incriminating information. I will not allow cruel and unusual punishment, unreasonable searches and seizures... etc., etc.

My right to blog about my views, within limits of reason and my own sense of decorum, is an absolute. If someone doesn't like what I write, so be it. If they like what I write, so be it. But as long as I am not infringing upon the rights of others, committing malicious acts of slander or libel, creating a hazard to others (i.e. shouting fire in a crowded theater without a fire), then my speech and writing is an inherent right that our government is compelled to protect.

While the FEC can legally place limits on blogs that accept compensation from political campaigns, and to some degree other forms of advertisement under the "commerce clause," I do not accept any compensation for what I write. I write because I am compelled to do so from the urges within my heart, mind and soul. These are inherent drives to speak out against certain ills of the world. And criticizing or supporting the good and bad deeds, thoughts and platforms of politicians is an inherent and inalienable rights...

So I say to the FEC and anyone else that wants to kep me from speaking up and out about political, societal and ethical issues... "Them's fighting words!"