crossposted at ataridemocrat
The FEC has yet to finish the rulemaking process on internet regulation, perhaps waiting on congressional action. But their slow pace didn't stop one blog ring from requesting an advisory opinion on how campaign finance regulation affects blogs. The advisory opinion suggests blogs will be covered by the media exemption when final rules are made. More after the jump...
From the Fired Up America blog, here are the important parts:
Fired Up qualifies as a press entity. Its websites are both available to the general public and are the online equivalent of a newspaper, magazine, or other periodical publication as described in the Act and Commission regulations.
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The Commission concludes that the costs Fired Up incurs in covering or carrying news stories, commentary, or editorials on its websites are encompassed by the press exception, and therefore do not constitute "expenditures" or "contributions" under the Act and Commission regulations.
And one more that we think is crucial:
The Commission notes that an entity otherwise eligible for the press exception would not lose its eligibility merely because of a lack of objectivity in a news story, commentary, or editorial, even if the news story, commentary, or editorial expressly advocates the election or defeat of a clearly identified candidate for Federal office.
In essence, as long as blogs are not paid for by a candidate or party, they can do whatever they want: report biased news, endorse candidates, even link to their websites.
Its worth noting that Fired Up America has, if anything, more ties to candidates and parties then most other blogs, being a project of former US Senator Jean Carnahan and former Missouri Democratic Party Roy Temple. Given the broad language we just quoted, it's hard to imagine a political blog that would not fall under the press exemption. You can read the entire advisory opinion here (.pdf). The ruling, of course, is only an advisory opinion, and only a draft advisory opinion at that. Still, the finding bodes well for free speech on the internet.