NationStates Jolt Archive


Limiting freedom of expression on the Internet???

Eutrusca
10-06-2005, 17:53
NOTE: The following is from The Federalist Patriot, a conservative newsletter. I know that many of you will dismiss it out of hand as "biased," but you really should read it. The freedom of expression on the Internet is being threatened.


"Finance Reform," Or Limitations On Freedom of Speech?

As a little refresher (not for our readers, but for politicians), the First Amendment to the Constitution of the United States reads as follows: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Of course, you say. Everyone knows (or should) that the First Amendment guarantees the freedoms of religion and of speech, and prohibits Congress from regulating either one. Everyone also knows that judicial activists have all but completely ignored the limitation of this amendment's prohibitions on Congress, and applied them to all public forums -- federal, state and local.

Not to be outdone by the courts, however, Congress is now, in the name of the Bipartisan Campaign Reform Act of 2002, attempting to put its own limitations on political speech -- the kind of speech our Founders most wanted to protect.

Republican Senator John McCain and Democrat Senator Russ Feingold, aided and abetted by both parties of Congress, the President and the Supreme Court, ostensibly passed this legislation "to get the big money out of politics." However, like the campaign-reform movement brought on by the Watergate scandal in 1974 -- the "reform" that brought us political-action committees -- McCain-Feingold has introduced more influence-grabbing "big money" into politics than ever. Indeed, led by America-hating billionaire George Soros's funding of many 527s, the PACs have taken control away from candidates and parties, made elections less competitive, created longer and more bitter campaigns through severe restrictions on advertising, and further distanced regular citizens from the political process. Such is the nature of "reform movements" in our nation's capital.

All the same, regulating campaign contributions was only the purported purpose of the '02 reform movement. In reality, McCain-Feingold has always been about the regulation of political speech, and, as such, it constitutes a violent offense against First Amendment rights.

When they voted for it, many members of Congress knew McCain-Feingold was unconstitutional. When he signed it into law, President Bush knew it was unconstitutional -- and said so. "Certain provisions present serious constitutional concerns," said he. Nevertheless, the bill had momentum, and under political pressure the President and many members of Congress voted for a bill they believed was wrong, all in the belief that the more blatantly unconstitutional portions of McCain-Feingold would be overturned by the Supreme Court. "I expect," said President Bush, "that the courts will resolve these legitimate legal questions as appropriate under the law."

Of course, we know the outcome of that strategy: The Supremes upheld McCain-Feingold, in its entirety.

Now, three years later, the full effects of McCain-Feingold are just about to hit. As it reads, the 2002 law regulates political advertising in coordination with a candidate's campaign appearing on "any broadcast, cable or satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing or telephone bank to the general public, or any other form of general-public political advertising." At the law's inception, the FEC wisely reasoned that the wording of this particular statute did not apply to the Internet -- references to the Internet and the World Wide Web were included elsewhere in the law, so Congress must have intentionally omitted it here.

Then the reformers struck again. The boondoggling duo of McCain and Feingold sued the FEC, insisting that regulations on political speech did in fact apply to the Internet and to e-mail. U.S. District Judge Colleen Kollar-Kotelly agreed: "The commission's exclusion of Internet communications from the coordinated-communications regulation severely undermines" the purpose of the campaign-finance law. The Commission's three Republicans couldn't convince any of the three Democrats to appeal the ruling, with the net result being that Big Brother is on his way to policing the cybersphere.

Under the law, which the FEC will have to enforce if Congress does not intervene, even a link to a candidate's website will be considered a political contribution. While the value of such a "contribution" remains uncertain, Bradley Smith, one of the FEC's three Republican commissioners, warns that FEC regulatory precedents don't bode well for the blogosphere. "Corporations aren't allowed to donate to campaigns," notes Smith. "Suppose a corporation devotes 20 minutes of a secretary's time and $30 in postage to sending out letters for an executive. As a result, the campaign raises $35,000. Do we value the violation on the amount of corporate resources actually spent, maybe $40, or the $35,000 actually raised? The commission has usually taken the view that we value it by the amount raised. It's still going to be difficult to value the link, but the value of the link will go up very quickly."

Sound bad? That's not all, warns Smith. "The judge's decision is in no way limited to ads. She says that any coordinated activity over the Internet would need to be regulated, as a minimum. The problem with coordinated activity over the Internet is that it will strike, as a minimum, Internet reporting services."

Under current law, however, "press exemption" is limited to a "broadcasting station, newspaper, magazine or other periodical publication." This would bring the status of Internet-based publications -- such as The Federalist Patriot -- into serious question. So warns Commissioner Smith: "[Internet reporting services are] exempt from regulation only because of the press exemption. But people have been arguing that the Internet doesn't fit under the press exemption. It becomes a really complex issue that would strike deep into the heart of the Internet and the bloggers who are writing out there today."

The Internet is the ultimate frontier of truly free speech. Its ubiquity has made it a powerful tool for the spread of ideas and democracy around the globe. While the unparalleled access to information offered by the Internet certainly has its moral and legal pitfalls, its benefits far outweigh all negatives. If, however, "reform" is allowed to have its way and Congress fails to ensure the Internet's continued independence by repealing those parts of McCain-Feingold that impinge upon free speech, the future of this column, and others like it, is anything but certain.

One note of hope: None other than Senate Minority Leader Harry Reid is on record in support of an Internet exemption from McCain-Feingold -- and if Reid is on the right side of the issue, Congress has no excuse but to amend the law to ensure freedom on the Web.
Jordaxia
10-06-2005, 17:57
Well, the internet is not owned by America, so I fail to see how they can make laws on it, to be honest.

*which is a small and poor response, but I don'ts have all much more to say.*
Nadkor
10-06-2005, 18:00
they could, however, make laws regulating what people in the US say on the internet, or regulating what is stored on servers in the US.
Xanaz
10-06-2005, 18:01
Limiting freedom of expression on the Internet???

NO!
Cafetopia
10-06-2005, 18:12
*starts playing the Imperial March*
Tactical Grace
10-06-2005, 18:29
Let me get this straight. The US is worried that the Internet allows some domestic political campaign laws to be bypassed?

Um, tough?

I keep reading how concerned the US is about Internet censorship in China, and they seek to regulate it too? It is never going to happen. The Internet's very architecture guarantees it freedom from government restriction. At the end of the day, anyone can set up their own node and host whatever they want.
Iztatepopotla
10-06-2005, 18:34
As I understand it, this law doesn't try to regulate the internet, but how political parties can use media for their campaigns, including internet. Individuals remain as free as always to say whatever they want.
Tactical Grace
10-06-2005, 18:37
Yeah, but come on. Someone links their personal website to a website registered to your party, and that's a show of political support requiring a regulator's supervision? What rubbish.
Iztatepopotla
10-06-2005, 18:42
Yeah, but come on. Someone links their personal website to a website registered to your party, and that's a show of political support requiring a regulator's supervision? What rubbish.
Really? That'd be silly. I doubt they will be able to enforce regulation of such behavior, it's like trying to regulate word-of-mouth.

They're going to have it very hard as it is. How do you prove that a bunch of sites are not individual efforts but a coordinated party strategy? It's a well-intentioned but misguided law, at best.
Raem
10-06-2005, 18:43
That article is biased ("aiding and abetting"? How much more blatant does it have to get before you'll see it?).

To be honest, I really don't see a problem. The legislation limits the ability of corporations to support candidates, and I'm all for that. No businesses have the right to use money to further their own political ideals. Individuals, sure, but a CEO can't write checks from his business any more than he can use business funds to install cable in his house.

I don't see how this legislation would affect individuals at all. "Coordinated activity" says it all, and it was even part of what you bolded. A million bloggers out there can post whatever they like on their own websites. Microsoft cannot. It does not have the right of free speech.
Disraeliland
10-06-2005, 18:56
Obnoxious, and impractical.
Bolol
10-06-2005, 18:56
The internet is the only thing left on Earth that is not owned by anyone (besides Antartica).

They cannot regulate it. To be perfectly honest, I'm surprised nations have gotten away with age and p2p regulation (damn the RIAA).
Portu Cale MK3
10-06-2005, 19:16
Someone has though on the possibility of limiting freedom of expression on the internet before. For that, the Freenet project was created.

http://freenet.sourceforge.net/

Go there, you might be interested.
Texpunditistan
10-06-2005, 19:19
As I understand it, this law doesn't try to regulate the internet, but how political parties can use media for their campaigns, including internet. Individuals remain as free as always to say whatever they want.
The problem with that is: the FEC is currently trying to impinge upon bloggers right to post opinions by using McCain-Feingold to classify any political message as an advertisement for or against a party/candidate/etc... even if no money changes hands.
Marmite Toast
10-06-2005, 19:22
Here's what I say to limiting freedom of expression on the Internet:

:sniper: