Stop The Erosion of Free Speech

The regulators are coming, and they want to know what you think. I think it is incumbent on everyone to let them know.

Hugh Hewitt who has some experience in these matters has some advice for how to participate in the FEC rule making process.

*Send hard copies of your comments as well as any electronic filing that is permitted.  The FEC routinely accepts e-filings, but sending in snail mail is a great insurance that your comments will not disappear into someone's ahrd driv.  One of my comments will be that the FEC accept and immediately post any e-comments from the public on any proposal that could impact e-debate.  [It would be wonderful if RedState or some other group agreed to act as a central repository of all filings --which could run into the hundreds of thousands if the blogospere figures out how to play this game.]

*Identify the rulemaking with precision, and demand in the course of your letter/e-mail that you wish to have your comment responded to with specificty.

*Make broad comments, but also comments specific to the sections of the proposed rulemaking.

*Raise related issues not covered by the rules, and demand specific responses to the conerns you raise.

*Demand that you be notified of any development in the rulemaking.

*Demand that the time for comments be extended.

Hewitt also has a link the FEC web page regarding current rulemakings, and a link to a PDF of a recently concluded FEC rule-making.

When the period for comment on rule-making regarding internet political activity begins, I will certainly be commenting. I will not be present to the FEC any argument as to why the legislative exemption given to the mainstream media should be extended to internet activities. I will not be presenting any argument equating online media and bloggers to mainstream journalists. I will be presenting an argument that such an exemption is unnecessary and that the process and the legislation is a direct contravention of the First Amendment.

I will be commenting to the committee that a government agency holding hearings to decide who gets to express themselves when, is an egregious violation of the First Amendment prohibition of the government abridging the right to freedom of speech.

I will be making this comment knowing full well its futility. The FEC is charged with creating and enforcing rules based on the legislation and the ruling of the courts. It cannot change the law, and clearly its discretion in rule-making is limited. But at least my comment will be a part of the record.

Hewitt doesn't believe there is much reason to worry about the FEC going to far in regulating speech on the internet saying, “I still don't think the FEC is that stupid.” I think he is right. I don't think the FEC is going to try to take a big bite out of internet political speech. They are not that stupid. But I think they will take a nibble, and a nibble is too much. The recent court decision compelling this rule-making is evidence that the regulation of speech under McCain/Feingold is evolving. But it is evolving in the direction of less freedom, and it needs to be stopped.

Posted by: Stephen Macklin at 11:13 AM | Comments (1) | Add Comment