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FEC Delays Ruling on 'PoliBlog' Speech
The Federal Election Commission has postponed a long-anticipated decision on whether to apply the McCain-Feingold campaign finance reform law to political speech on the Internet. It appeared that FEC Commissioner Michael Toner wanted to give Congress a chance to pass the Online Freedom of Speech Act proposed by Texas Republican Jeb Hensarling. But late Wednesday afternoon, the House Rules Committee passed on the opportunity by failing to report Hensarling’s bill out of committee for debate on the House floor. Key House aides told NewsMax that the House would likely resume discussion after March 27. If so, legislators might have to enact Hensarling’s bill to counteract the FEC if it decides to apply McCain-Feingold. That decision is now slated for March 23. Supporters say Hensarling’s bill merely codifies the status quo, allowing politically opinionated bloggers - known in the blogosphere as "polibloggers" - to opine on political topics without being subjected to government regulation.
Story Continues Below Bloggers from all sides of the political spectrum have thrown their cyber-weight behind the proposal. They are concerned that the FEC will rule that they are subject to campaign-finance laws. And experts say they have reason to be concerned. McCain-Feingold makes it a felony for corporations, nonprofit advocacy groups and labor unions to run ads that criticize – or even name – members of Congress within 60 days of a federal election if such speech might have an influence on voters. The FEC initially excluded the Internet from McCain-Feingold restrictions. But campaign-reform boosters sued, claiming the Internet was a "loophole” that allowed big money to continue influencing the election process. Toner has openly supported the Online Freedom of Speech Act (HR 1606). His announcement of the postponement led to an outcry from some bloggers. "It couldn’t be more clear: pass HR 1606 or face regulations on the Internet. Period,” wrote Mike Krempasky, a founder of Red State, a conservative blog.
Traditional media organizations have taken a different view. An editorial in the New York Times on Wednesday called for closing the "Internet campaign loophole.”
Editor's note:
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