Redstate

By krempasky Posted in FEC — Comments (3) / Email this page » / Leave a comment »

Red at ScaredMonkeys has a fine set of questions about the FEC rulemaking. Before I give it my best shot - remember - you can find thousands of words about this controversy right here at fec.redstate.org. Red asks, "Should Blogs Trust the FEC?" Well the short answer is - I wouldn't.

Read on...

If a blogger posts for another blog that is funded by political action money what does it do to their own private blog that may be just as opinionated?

I've been called an alarmist before - but my best guess would be to call this a non-issue. The FEC would more likely look at the blog getting the check - if only because they're trapped into thinking (and regulating) the concept that money=influence. Playing a bit part in a political blog shouldn't affect the guest blogger. Note: a better question is: if a blog that is not political yet sells advertising on the open market invites a guest poster to watch the store over a weekend - and that guest does something overtly afoul of whatever regulations we get, say, writing something that could be considered of value to a candidate - does that taint the entire blog?

Are we really supposed to believe after witnessing the Swiftboat Veterans for Truth that politicians on either side will allow blogs, people in their pajamas, to accomplish the same?

Well, of course not. See the 527 bill in Congress.

What if a politically influential blog who does not receive money is brought into court claiming they have been? The legal fees themselves would shut the free speech down as a blogger could never afford the cost to defend their freedom of speech.

In fairness to the FEC - they don't just rush to court. I have a good idea of someone who could answer this better than I - but upon receiving a complaint - the FEC's enforcement division makes an intital determination about the need or efficacy of a full investigation. Then the respondent (the blogger) would start getting letters from FEC lawyers, asking for documentation, evidence, etc. Only after that process (note: if you get one of these letters - call a lawyer. If you don't have a lawyer - call me at home and I'll find you one), the general counsel's office would make a recommendation of litigation (and presents evidence) to the Commission. At that point, 4 of 6 votes on the Commission are required to move to litigation - which then goes to the Dept. of Justice for prosecution. Presumably, without any evidence corroborating the charge - litigation is a near-impossibility.

This also illustrates one of my greatest concerns. When it comes to opening investigation and sending legal notices to bloggers - the FEC's hands are bound by rules, procedure, and statute. It's not a pretty picture at all.

However, what if political ads are placed on a blog? What if no money is received for the ad being placed on a blog? Isn’t there an implicit benefit to the candidate for getting free advertising?

Yes, if political ads are placed on a blog - they will have to be reported to the FEC. But that's not new - all throughout 2004, you can find Henry Copeland's BlogAds.com littered about FEC disclosure reports. But the better question is the second - and yes, my read on the rule is that if you charge for ads - then give one to a candidate - that's absolutely an in-kind contribution. If it is - two possibilities: 1) it has to be reported. If you contribute more than $2,000 worth of ads, you're now over the legal limit. 2) if you're, say, an incorporated blogger - your first penny is illegal. (if you're just part of a group blog, stay tuned - that's an open question)

One wonders how the FEC is going to differentiate between even the large and small blog, let alone lump the blogosphere into the realm of old media.

Indeed. A core problem. The difference between incorporated/group/individual is one way they might go, levels of revenue and spending might be another.

The problem with a lot of these questions - and more, is that we just don't know. Regulation is hardly a precision instrument and the devil is most definitely in the details.