Just when you thought the Democrats had gone after every possible sub-group in America, either through punitive taxes, confusing regulatory burdens, stifling federal takeovers, or just rhetorical attacks, it appears that the Democrats had left out one group.
Bloggers.
Until now.
On January 21, 2010, the Supreme Court ruled, in Citizens United v. FEC, that American citizens organized into certain associations and corporations could not be denied their First Amendment right to free speech. (Don’t forget that any non-profit group incorporated as a 501(c) entity—like the National Rifle Association or the National Taxpayers Union—is considered a “corporation” under this ruling.) That is, the Supreme Court ruled that these citizen associations can run independent advertisements and otherwise publicly communicate their opinions (without mincing words) in favor of—or in opposition to—a particular candidate for federal office at any time of the year. But these independent communications would still be subject to existing federal disclosure requirements.
Nevertheless, the Democrats felt that they must legislatively respond to the Citizens United case. After all, the ruling allows more Americans to participate in political discourse and to speak their minds publicly, which is grossly unacceptable to the elite political class of Washington, which knows that it knows best and which knows that additional citizen opinions just get in the way of the candidates telling the real truths about themselves.
So the Democrats, led by the Chairman of the Democratic Congressional Campaign Committee (DCCC), introduced a bill called the DISCLOSE Act (H.R. 5175)—named as such to emphasize that Washington will make sure that, although no disclosure requirements had changed after Citizens United, no increase in freedom in America goes un-offset by some corresponding decrease in freedom elsewhere.
A “PAYGO” of political speech.
We’ll be following all the liberty-grabbing provisions of the DISCLOSE Act as it moves through Congress, but in the meantime you need to know about the one provision that is a direct attack on bloggers.
Often the crux of what’s bad about campaign finance legislation centers on how terms are defined. In current federal campaign regulations, “public communication” is defined to explicitly exclude internet communications. This keeps exchanges amongst citizens on blogs like RedState from coming under the onerous and prohibitive campaign speech regulations of the federal government.
BUT—in the DISCLOSE Act, where the bill addresses what would be covered by a host of the bill’s new federal campaign regulations, the term “communication” is used. Not “public communication,” but “communication.” This means, internet communications are not protected.
Here’s the exact language from one section of the bill: “a publicly distributed or disseminated communication that refers to a clearly identified candidate for Federal office and is publicly distributed or publicly disseminated during such period.” And there are other problematic uses of “communication” throughout the bill.
Plus, the media exemption in the bill does NOT include “web site” or “any internet or electronic publication”—terms added to federal campaign regulations in 2006 to protect blogs.
This is no accident. These are not drafting errors—as they appear too often throughout the bill to be an “Ooops.”
Democrats want to bring bloggers—all bloggers—not just conservative ones—under the control of federal campaign finance regulations. Under this scenario, bloggers as soon as this year could have their posts deemed to be campaign contributions, if they’re written in a way that a “reasonable person” (as mentioned but undefined in the Democrat bill) sees them as such.
We bloggers need to engage against the DISCLOSE Act now.
Steve Maley
KnightsofMalta
I would think that it could
Anna Thursday, May 20th at 11:42AM EST (link)be applied even more broadly. Think Facebook and other social media sites.
I would think that it could
Anna Thursday, May 20th at 11:42AM EST (link)be applied even more broadly. Think Facebook and other social media sites.
Fighting the DISCLOSE Act
GJ Merits (Diary) Thursday, May 20th at 11:43AM EST (link)This act must be fought, but what will we do if the battle is lost?
This is tailor made for the very concept of jury nullifiction, whereby every liberty loving American swears a personal oath to themsevles to protect any blogger who would flaunt such a law in an act of disobedience to it on the grounds it is blatantly uncontstitutional. How would you do this?
If the DISCLOSE act passes and even if the Supreme Court rules it constiutional, you the juror take it upon yourself to find any defendant not guilty. This is the ultimate power of the people to protect those who stick their necks out to fight a travesty of liberty and the rule of tyranny:
http://tinyurl.com/24fwnsw
I know Erick practiced law and perhaps he can chime in here. The lawyers I have talked to say this happens more often than one might think and often without the user of such a tactic knowing that it has a name. The juror feels compelled to wiggle their way in to the box and then wreck havoc on the process as they feel the accused is being unfairly targeted or abused by the justice system.
I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents….James Madison
If you want to go fast – go alone. If you want to go far – go together.
To win against tyranny you must embrace not only novel solutions, but fear of the unknown as well.
Yep, jury nullification
Finrod (Diary) Thursday, May 20th at 12:22PM EST (link)If you’re chosen to be in a jury pool, don’t even let on that you’ve even heard of the concept of jury nullification, or else you definitely won’t be in the jury. Lawyers are generally forbidden from even vaguely hinting about it in court.
As the old saying goes: soap box, ballot box, jury box, ammo box– use them in that order.
Let’s get down to brass tacks here. How much for the ape?
Wouldn't the "recipient" of the blog contribution
crankygirl Thursday, May 20th at 3:04PM EST (link)be the on in the dock, presumably for not reporting the contribution?
How do you value it?
utahrepublican Friday, May 21st at 4:18PM EST (link)There are plenty of people that think any such “contribution” I might make to a candidate would be more properly reported as value given to his opponent.
On Sayings, Old & New
myron_j_poltroonian Friday, May 21st at 12:35PM EST (link)In the words of John Dillinger: “There’s nothing in this world you can’t get, with a smile, kind word and a .45.”. Or, in the words of the Irate Quaker: “Friend, I would not harm thee for the world. However, Thou Art standing where I am about to shoot.”.
When Republicans MUST Vote As A Block
jaybo (Diary) Thursday, May 20th at 11:43AM EST (link)There are times that I feel that the leadership in The Senate must require their party members to vote together if they want future support from the party establishment. One such time should come as this terrible financial non-reform bill is pushed to its finality (are you listening Sen.s Collins and Snowe?).
The second is the above bill. If Sen. McConnell is unwilling or unable to do this, then he needs to step down as the leader o thef senate republicans.
There should be a very simple litmus test applied.
Freeze the size of The Federal Government and require that one department be abolished before another department is created.
Make that two departments abolished for every
davesinsanantonio (Diary) Friday, May 21st at 6:17AM EST (link)new one created.
Add in that you can
davesinsanantonio (Diary) Friday, May 21st at 6:18AM EST (link)abolish a singleton anytime as a “freeby”.
The get your congressman
purdellleredneck Thursday, May 20th at 12:26PM EST (link)to add an amendment that explicitly exempts web site or blog or what have you. As I read the bill now it is explicitly stating that it is regulating paid individuals, ie folks what are paid to have opinions. Also, as I read it now, it does not try to block free speech in the webosphere, but does try to regulate ‘paid’ speech. However if your knickers are in a twist, don’t fight the whole bill which tries to shine light into the murky area of campaign finance, but get your congressman to put in an amendment which makes clear the tacit protections.
The bill as a whole is bad
wolfster38 (Diary) Thursday, May 20th at 1:07PM EST (link)And it’s against what they swore to protect.
“A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.”
The Declaration of Independence
Indeed
edintexas Friday, May 21st at 10:48AM EST (link)This bill doesn’t need “tweaking”, or exemptions for this one or that. This bill needs to be defeated.
Dangerous times
wolfster38 (Diary) Thursday, May 20th at 12:47PM EST (link)These are very dangerous times for everyone, The left is seeing their power slipping and will do anything to hold on to it. From now until November they will try to push everything as fast as they can regardless of what people of our country want.
From my view some of our elected employees are edging on treason.
“A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.”
The Declaration of Independence
It will only get worse, especially after they
davesinsanantonio (Diary) Friday, May 21st at 7:02AM EST (link)take a drubbing in November. They will still have two months in office, knowing they have nothing to lose, and to build up “good will” with the likes of George Soros, etal, looking for jobs. They will leave no bridge unburnt in trying to damage America, and no stone unturned looking for a place they can crawl back under.
The Republicans must get a backbone implant and make an ironclad promise to us and to themselves that they will undo every bill that is passed that hurts America. And, if Obameroid vetoes, they must de-fund. They must also cut every department’s funding drastically. Not only because reining in the deficit and debt are needed, but reining in the bureaucracy is needed. Cut their budgets deep enough, and they will be scrambling and scratching to save their own turf, and will not have time to be thinking up new deviltry to impose on the nation and its citizens
"Backbone Implant?"
myron_j_poltroonian Friday, May 21st at 12:54PM EST (link)The only way some of these RINO’s will get it right is if we ram a steel rod straight up their most appropriate orifice and firmly inform them that it is better to be the “Frog Marcher” than the “Frog Marchee”.
Isn't it Obvious?
southeasttexas (Diary) Thursday, May 20th at 12:55PM EST (link)The Obama administration has managed to take over health care, and are working on finance. Now this effort to regulate who can, or cannot, speak freely. Just how long are the people of this nation (and our so-called elected officials) going to stand for this complete destruction and obliteration of our Constitution and Bill of Rights?
As I’ve said before, 2012 may well be too late to save America. By then, we could all well be a Socialist society, and not a Democratic one.
http://nationalchat.wordpress.com
I think the answer is this simple:
E Pluribus Unum (Diary) Thursday, May 20th at 1:15PM EST (link)Filibuster EVERYTHING those people are sending up. Every nominee, every bill. They have proven, beyond any doubt, that everything on their agenda is anti-freedom, anti-prosperity, anti-good employment, anti-defense, anti-America.
Just keep it simple. America has already spoken, and it is up to the Senate Republicans to grow a pair, and just stop the train.
Kill the Terrorists
Protect the Borders
Punch the Hippies h/t IMAO
DISCLOSE Act stifles free speech
seandparnell (Diary) Thursday, May 20th at 1:26PM EST (link)Eric, glad to see you picked this up, I actually posted here on this topic a few days ago.
It’s hard to believe, but regulating bloggers is only one of the serious issues with the DISCLOSE Act – among other things it strips citizens of the right to anonymously associate with their fellow citizens and speak through those groups (think NRA or National Right to Life), and the bill is so poorly drafted that it will create significant confusion about what is and is not allowed, meaning many people just won’t speak out at all.
We’ve been following this issue closely at the Center for Competitive Politics, and done probably the most and best analysis on this assault on the First Amendment. Anybody that’s interested in learning more of the details can check our stuff out at our web site, address below.
Sean Parnell
President
Center for Competitive Politics
http://www.campaignfreedom.org
One problem
wolfster38 (Diary) Thursday, May 20th at 1:26PM EST (link)is Republicans don’t get the message out and the left plays it as the party of no. They need to start making some noise get the message out and then filibuster. It sometimes makes my fell like we are doing all the work for them.
“A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.”
The Declaration of Independence
Correction--Liberals aren't as stupid as you allege
ghotiheir Thursday, May 20th at 2:09PM EST (link)“After all, the ruling allows more Americans to participate in political discourse and to speak their minds publicly, which is grossly unacceptable to the elite political class of Washington, which knows that it knows best and which knows that additional citizen opinions just get in the way of the candidates telling the real truths about themselves.”
This is false. The ruling doesn’t allow more Americans to participate in political discourse. Every American can already do that–every CEO can say whatever he wants whenever he wants to. Rather, the ruling allows corporations to draw money from their funds to use in political discourse. But corporations are not American citizens because they are not human beings.
Let’s get it right, please.
Which would be ok
Anna Thursday, May 20th at 2:54PM EST (link)if that was the actual argument in the case at hand. Citizen’s United is about a small time operation that tried to publish a film about Hillary Clinton during the election cycle. This was not Big Corporation.
The funny thing is, if the liberals had let it alone, then this wouldn’t have ended up in front of the Supreme Court at this time, and wouldn’t have overturned their pet law.
But you're a stupid liberal, I guess.
Achance (Diary) Friday, May 21st at 8:56AM EST (link)Whether you like it or not, whether it is right or not, a corporation is legally a person for most purposes; it can’t vote or ride a bicycle, but those are about the only things a person can do that a corporation can’t. Both unions and corporations have long been and remain prohibited from making direct contributions to a campaign and this is the nub of the Left’s disingenuous oppostion to the USSC’s holding.
Unions confiscate hundreds of millions of dollars per year from working people and launder that money into special interest non-profits and often illegally engage in direct political action with dues funds as well. The Democrats are, as usual, lying about this. If you ever want to know what Democrats are really doing, just look at what they’re accusing others of doing. Unions, corporations, and trust fund babies laundered over a billion dollars into the Democrats and Comrade Obama’s campaigns in the ’08 election cycle and now have the temerity to complain about the corporations that supported them. Except that they always find a way to take care of the corporations that support them while punishing those that didn’t. Kinda like the way the Nazis did it.
In Vino Veritas
"What is the truth?"
myron_j_poltroonian Friday, May 21st at 1:23PM EST (link)The truth, my dear Horatio, is that my assemblage of fellow, like-minded human beings was being silenced by other human beings of the monied political class. I am a Life Member of the oldest civil rights group in the United States. The National Rifle Association and, until the recent supreme court ruling, we were muzzled by our government, thus preventing us from informing the electorate (human beings) of the views and voting records of candidates we felt were supporters of the second amendment, as well as those we felt were intent on stifling, or eliminating one of our God given rights. Politicians, who have individually have far more resources they we, as individuals have, want to be in complete control of the only information the public receives in the most critical time periods in the election cycle. ¡No Mas, No Mas! O.k. Let’s look at it this way: If politicians were limited to only using their own personal funds, defined as only that which we, the people pay them, for their reelection campaign funds, then the supreme court would never have had to become involved.
GRRRRRR
pamela1631 (Diary) Thursday, May 20th at 8:11PM EST (link)I am furious to the point of cursing every single one of those lowlife spawned sewer scum!
Oh what the heck!
May your body parts become scrofulous, wither and fall off.
You have obtained a level of corruption so great, redemption is beyond your grasp and zombies would not feast on you for fear of contamination!
This republic was not established by cowards; and cowards will not preserve it. ~~Elmer Davis
I am stone forged from the fires of creation into flesh ~~Pamela1631
The greatest civilization is one where all citizens are equally armed and can only be persuaded, never forced.~~Maj. L. Caudill, USMC (Ret.)
Party of no?
livefreenh Friday, May 21st at 6:30AM EST (link)They make that sound like a bad thing. Sometimes the answer, in life itself, is “no.” Remember Ted Kennedy? He had unlimited funds and unlimited medical care, but life said “no.” This is sad for him, but still, true.
Just because people want something, it doesn’t mean there exists a right to have it. And just because conservatives say “no”, it doesn’t make them the party of no, it makes them the party of real life.
The reality is that government is in place to assure the pre-existing rights of The People, those self-evident truths that we keep hearing so much about. They are NOT in place to regulate my speech about their job performance. No servant should presume to tell me how or when I can rate their job performance.
The pressure is also on at the state level.
dwscho Friday, May 21st at 9:05AM EST (link)Tom Corbett, Pennsylvania’s Attorney General and Republican candidate for Governor issued supeonas after the primary vote the other day to Facebook demading the identities of two bloggers critical of him. It seems like free speech will so become one of yet another endangered freedos in the US.
We can’t let the erosion of our freedoms continue. We need to stand up and fight. We need to be relentless in our pursuit to hold our elected officials accountable for their actions and tell them what we want done. We need to continue to remove any who fail to vote in accordance with the principles we hold dear.
Congress shall make NO law
rivahmitch Friday, May 21st at 9:29AM EST (link)….. abridging the freedom of speech, or of the press”.
Of course, now that the Internet provides everyone a “press” the totalitarians want to control the content.
Blood in the streets and smoke in the air!
Barry hypnotizes the Progressives?
callmeroy Friday, May 21st at 1:12PM EST (link)President Obama spoke to the graduating class at Hampton University in Hampton, Virginia. The man who made the internet a cornerstone of his campaign, tweeted (or twitted?) constantly to hundreds of thousands, if not millions of young fans, and used Facebook and other social media to great advantage, told the graduates that they were facing a new world in which they would be bombarded by too much unfiltered information. Further, the man who won election on the promise of ‘change’, told them that, unfortunately, the breathtaking change caused by this overload of information couldn’t be stopped. His speech seemed to imply that being exposed to all kinds of arguments is a BAD thing. That it might even threaten democracy. It’s a far cry from the time Americans treasured a ‘multiplicity of voices.’ That expansive variety of thought and expression guaranteed that somehow, some way, the truth would be heard. Apparently, that’s not what the Obama administration has in mind. In fact, in the financial reform bill, they’re seeking to put control of the internet in the hands of the Federal Trade Commission. Think about the almost total control of every aspect of our lives the government has gained through the misapplication of interstate commerce laws! That’s a chilling thought. Of course, that’s what it’s all about, isn’t it Barry?
Why is Barry doing this? You guess
callmeroy Friday, May 21st at 1:14PM EST (link)Obama tells graduates that they are facing a new world in which they will be bombarded by too much unfiltered information? Being exposed to all kinds of arguments is a bad thing? The President who promised change wants to control every aspect of your life? This coming from a President who has concealed the following documentation about his life: kindergarten records, Punahou school records, Occidental College records, Columbia University records, Columbia thesis, Harvard Law School records, Harvard Law Review articles, scholarly articles from the University of Chicago, passport, medical records, his files from his years as an Illinois state senator, his Illinois State Bar Association records, any baptism records, and his adoption records. Why? and why won’t the lame-stream media talk about this?