As you may recall
from Monday's announcement about our victory at the Federal Election Commission, we were still a little nervous that members of Congress might try to snatch defeat from the jaws of victory.
There was much talk on the Hill yesterday that House Republicans might continue to push for H.R. 1606, the Online Freedom of Speech Act, which had been rendered both unnecessary and politically less justifiable as a result of the FEC's actions. In short, it's one thing to support a broad exemption in the face of not knowing what the FEC might do; it's another to push for the bill after the FEC has acted strongly to protect online free speech, such that the primary practical effect would have been to deregulate paid political advertising online. Such a move would have put those of us on the pro-speech side in a tricky rhetorical position, while risking the inclusion of all sorts of amendments and problems along the way.
Via Krempasky, we have now learned that House Republicans have taken the wise course of putting H.R. 1606 "back in the holster", as it were. As Mike notes, we can always bring it back if necessary: "If the so-called 'reformers' sue - pass the bill. If the regulations turn out to be unworkable for any reason - pass the bill."
Here's the statement from Majority Leader Boehner:
"Both Rep. Jeb Hensarling and House Administration Committee Chairman Vernon Ehlers deserve great credit for bringing the issue of online freedom of speech to the forefront of public debate and for spurring the FEC to take what appears to be a hands-off approach to the Internet.
"The recent action by the FEC, leaving virtually all political activity on the Internet free of regulation, ensures that those engaging in politics online can continue to do so safe in the knowledge that they will not run afoul of our campaign finance laws. In light of this good faith effort by the FEC, and after discussions with the bill's sponsor, we have postponed floor action on the bill at this time.
"The House will closely monitor the implementation of the new rule to ensure it protects bloggers and others engaging in politics online. If the new rule does not offer the appropriate protection, of if there are efforts to expand its regulatory scope, the House will resume plans to consider the Hensarling bill in order to guarantee freedom of speech on the Internet."
In addition to Reps Hensarling, Ehlers and, yes, Bob Ney, who ran the Committee on House Administration before his recent troubles, much credit is due to
Reps. Zoe Lofgren and
John Conyers on our side of the aisle, who relentlessly pushed for H.R. 1606 and helped create the climate in which, no matter what happened, the netroots were going to win somehow. Thanks as well to
Rep. Brad Miller, who for months has put enormous personal effort into finding practical solutions to protect online free speech while remaining consistent with the goals of campaign finance reform. I think the staffers involved in helping us out along the way would rather not be credited publicly, but you know who you are, and I know what a solid job you've done this whole time.
So that's it. The new regulations and codified protections will take legal effect in a month or so. If you have any questions or comments, let 'em rip.