Hasen on FEC Regulation of Political Blogging
Check out Rick Hasen’s commentary for the Personal Democracy Forum. Here is a taste:
- The predictable blogstorm that erupted following Federal Election Commission Commissioner Bradley Smith’s C|NET News interview suggesting a “coming crackdown on blogging” should not obscure the fundamental and important questions facing the FEC: now that the Internet has become an important part of political life and campaigning in the U.S., what regulations are appropriate and constitutional?
Appropriate regulation should meet two fundamental criteria: (1) grassroots activities should be regulated little, if at all; and (2) large-scale campaign activity—like advertising—that already faces regulation when done outside of the Internet should be regulated equally when the activity takes place through the Internet. The most difficult questions, as we’ll see, concern the role of popular blogs and online magazines that report on—and express opinions about—candidates for federal office. They should get a special exemption from reporting and coordination requirements, but they should have to disclose on their sites payments from candidates or committees to take a particular position in a federal race.