Free Speech doesn't have monetary value, right? Thoughts on the Blogger Protection Act.

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You would think this would be common sense, but it comes up before the FEC constantly: are Bloggers making campaign contributions when they write for or against a candidate or issue? Since the rise of Internet grassroots, partisans on either side have tried to neuter the effect of bloggers of the other side by lobbying the FEC to restrict or penalize them in one way or another. To date, the FEC has been sane and said no.

Finally, Rep. Jeb Hensarling (R-TX) is planning to introduce a bill, the "Blogger Protection Act of 2008" which would "amend the Federal Election Campaign Act of 1971 to protect uncompensated Internet activity by individuals from treatment as a contribution or expenditure under the Act.."

You would think something that is "uncompensated" wouldn't be treated as a contribution or expenditure since there is no compensation involved, right? Well, what about paid bloggers (outside a campaign)? The act has a smart (very smart) definition of uncompensated internet activity:

"...any uncompensated personal services related to Internet activities, or use of equipment or services for uncompensated Internet activities, that 

are engaged in by any individual, group of individuals, or corporation wholly owned by one or more individuals that engages primarily in Internet activities and does not derive a substantial portion of its revenue from sources other than income from its Internet activities..."




Also, Linking is ok!

"The term 'Internet activity' includes sending or forwarding electronic messages, 

providing a hyperlink or other direct access to another person's Web site, blogging, creating, maintaining, or hosting a Web site, paying a nominal fee for the use of another person's Web site, and any other form of communication distributed over the Internet.''




Finally, Hensarling's Act explicitly defines "blogs" as media. You know, it's not just Democrats that understand the Internet. Finally, I can prove it.

Section 301(9)(B)(i) of the Federal Election Cam- 

paign Act of 1971 (2 U.S.C. 431(9)(B)(i)) is amended by 

inserting ''including any Internet or electronic publication 

(including a blog),'' after ''periodical publication,''. 

 


Good on ya, Jeb.
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