Stop Shays / Meehan's H.R. 4194

[paineinthearse]

Meehan / Shay's H.R. 4194 would put blogs in same category as PACs, effectively killing free speech on the internet

http://www.leftinlowell.com/2005/11/18/the-fec-gets-what-meehan-does-not/

The FEC Gets What Meehan Does Not
by Lynne at 11:49 am.

A new Advisory Ruling by the FEC tosses some cold water on Meehan and his H.R. 4194 which seeks to put many blogs and their internet cohorts into the same category as PACs (or in the case of incorporated sites like dailykos.com, out of business). The ruling says that in the particular case of Fired Up, a blog site in Missouri, it is as much press as a newspaper.

Now, Meehan claims that his little three sentence bill will not put blogs on the block, but he has offered little evidence that simply axing the exemption of internet communications under the regular campaign finance laws will not cause a ruckus on free speech online. But the FEC says this (unanimously!):

Fired Up is a for-profit LLC and is not owned or controlled by any political party, political committee, or candidate. Given that Fired Up’s operation of its websites is at the core of its activities as a press entity, its provision of news stories, commentary, and editorials on its websites falls within Fired Up’s legitimate press function. Thus, because Fired Up is a press entity, and neither it nor its websites are owned or controlled by any political party, political committee, or candidate, the costs Fired Up incurs in covering or carrying a news story, commentary, or editorial on its websites are exempt from the definitions of “contribution” and “expenditure.” 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. See First General Counsel’s Report, MUR 5440 (CBS Broadcasting, Inc.) (”Even seemingly biased stories or commentary by a press entity can fall within the media exemption.”)

Sites like Dailykos and even myself should be breathing easier, but Meehan is still on his warpath. Call Meehan at [phone] today, and tell him the FEC has it right - and to not force the FEC to do something that will kill free speech on the internet for so many.

http://thomas.loc.gov/cgi-bin/query/C?c109:./temp/~c109JenIrK

HR 4194 IH

109th CONGRESS
1st Session

H. R. 4194
To amend the Federal Election Campaign Act of 1971 to exclude communications over the Internet from treatment as public communications for purposes of such Act.

IN THE HOUSE OF REPRESENTATIVES
November 1, 2005

Mr. SHAYS (for himself and Mr. MEEHAN) introduced the following bill; which was referred to the Committee on House Administration

--------------------------------------------------------------------------------

A BILL
To amend the Federal Election Campaign Act of 1971 to exclude communications over the Internet from treatment as public communications for purposes of such Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Internet Anti-Corruption and Free Speech Protection Act of 2005'.

SEC. 2. EXCLUSION OF INTERNET COMMUNICATIONS FROM TREATMENT AS PUBLIC COMMUNICATIONS.

Paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(22)) is amended by adding at the end the following: `Such term shall not include any communication made over the Internet, other than a communication placed on another person's website for a fee, a communication made by any person described in section 316 (other than a corporation described in such section whose principal purpose is operating a web log), a communication made by a State, district, or local committee of a political party described in section 323(b), or a communication made by any political committee.'.
END

STOP 4194!

Contact Meehan - http://www.house.gov/meehan/

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