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United States News
See other United States News Articles

Title: Federal Election Commission to Consider Regulating Online Political Speech
Source: [None]
URL Source: http://www.cnsnews.com/news/article ... lating-online-political-speech
Published: Feb 11, 2015
Author: Rudy Takala
Post Date: 2015-02-11 12:15:48 by A K A Stone
Keywords: None
Views: 968
Comments: 2

(CNSNews.com) -- The Federal Election Commission (FEC) is holding a hearing today to receive public feedback on whether it should create new rules regulating political speech, including political speech on the Internet that one commissioner warned could affect blogs, YouTube videos and even websites like the Drudge Report.

The hearing is a response to the U.S. Supreme Court’s ruling in McCutcheon v. FEC last year, which struck down the FEC’s previous cap on aggregate campaign contributions from a single donor in an election cycle.

Before the decision, individuals were limited to a combined total of $46,200 in contributions to all federal candidates, and $70,800 to federal political action committees and parties.

Individuals are no longer restricted by aggregate limits, which Chief Justice John Roberts said "intrude without justification on a citizen's ability to exercise 'the most fundamental First Amendment activities'."

They may now "contribute up to $2,600 per election to a federal candidate, $10,000 per calendar year to a state party committee, $32,400 per calendar year to a national party committee, and $5,000 per calendar year to a PAC [political action committee]," according to the FEC.

The commission, which consists of three Republican and three Democratic members, last considered such regulations in 2005. However, intense opposition from First Amendment groups resulted in rules that were limited to paid advertisements from political campaigns, parties, and PACs.

This time around, organizations like the Electronic Frontier Foundation have warned that some Democrats on the commission would like to impose much more burdensome regulations that could serve as the equivalent of spending caps in restricting political speech.

Last October, FEC Chairwoman Ann Ravel issued a statement in which she complained that the agency was not doing enough to monitor activity on the Internet.

“Some of my colleagues seem to believe that the same political message that would require disclosure if run on television should be categorically exempt from the same requirements when placed on the Internet alone. As a matter of policy, this simply does not make sense,” Ravel said.

However, the commission’s three Republican members – Lee Goodman, Caroline Hunter, and Matthew Petersen – responded to Ravel’s comments in a joint statement.

“Despite the Internet’s growing importance as a tool for all citizens to engage in political debate, and notwithstanding this Commission’s promise to take a ‘restrained regulatory approach’ with respect to online political activity, [Ravel] apparently believes the time has come to impose greater regulation on political speech over the Internet,” the group wrote.

According to Commissioner Goodman, who served as chairman of the FEC last year, regulation of content placed on the Internet is a very real possibility.

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#1. To: A K A Stone (#0)

Federal Election Commission

From Wikipedia, the free encyclopedia

The Federal Election Commission (FEC) is an independent regulatory agency that was founded in 1975 by the United States Congress to regulate the campaign finance legislation in the United States. It was created in a provision of the 1975 amendment to the Federal Election Campaign Act. It describes its duties as "to disclose campaign finance information, to enforce the provisions of the law such as the limits and prohibitions on contributions, and to oversee the public funding of Presidential elections."[1]

Membership[edit]

The Commission is made up of six members, who are appointed by the President of the United States and confirmed by the United States Senate. Each member serves a six-year term, and two seats are subject to appointment every two years.[1] By law, no more than three Commissioners can be members of the same political party, and at least four votes are required for any official Commission action. Critics of the Commission argue that this structure regularly causes deadlocks on 3 -3 votes,[2] but others argue that deadlocks are actually quite rare,[3] and typically based on principle rather than partisanship.[4] From 2008 to August 2014, the FEC has had over 200 tie votes, contributing to a loosening of campaign finance restrictions and a lack of regulation of outside spending by Super PACs.[5]

The Chairmanship of the Commission rotates among the members each year, with no member serving as Chairman more than once during his or her term.

Official duties[edit]

Although the Commission's name implies broad authority over U.S. elections, in fact its role is limited to the administration of federal campaign finance laws. It enforces limitations and prohibitions on contributions and expenditures, investigates and prosecutes violations (investigations are typically initiated by complaints from other candidates, parties, "watchdog groups," and the public), audits a limited number of campaigns and organizations for compliance, administers the presidential campaign fund, which provides public funds to candidates for president and nominating conventions, and defends the statute in challenges to federal election laws and regulations.

The FEC also publishes reports filed by Senate, House of Representatives and Presidential campaigns that list how much each campaign has raised and spent, and a list of all donors over $200, along with each donor's home address, employer and job title. This database also goes back to 1980. Private organizations are legally prohibited from using these data to solicit new individual donors (and the FEC authorizes campaigns to include a limited number of "dummy" names as a measure to prevent this), but may use this information to solicit Political Action Committees. While these exhaustive campaign finance resources are available to everyone, they are rarely used by the public. The FEC also maintains an active program of public education, directed primarily to explaining the law to the candidates, campaigns and committees which it regulates.

Criticism[edit]

Critics of the FEC, including campaign finance reform supporters such as Common Cause and Democracy 21, have complained that it is a classic example of regulatory capture where it serves the interests of the ones it was intended to regulate. The FEC's bipartisan structure renders the agency "toothless." Critics also claim that most FEC penalties for violating election law come well after the actual election in which they were committed. Additionally, some critics claim that the commissioners tend to act as an arm of the "regulated community" of parties, interest groups, and politicians when issuing rulings and writing regulations. Others point out, however, that the Commissioners rarely divide evenly along partisan lines, and that the response time problem may be endemic to the system. To complete steps necessary to resolve a complaint - including time for defendants to respond to the complaint, time to investigate and engage in legal analysis, and finally, where warranted, prosecution - necessarily takes far longer than the comparatively brief period of a political campaign.

At the same time, however, other critics, such as former FEC Chairman Bradley A. Smith and Stephen M. Hoersting, Executive Director of the Center for Competitive Politics, criticize the FEC for pursuing overly aggressive enforcement theories, and for infringing on First Amendment rights of free speech.[6]

“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”

CZ82  posted on  2015-02-11   18:19:41 ET  Reply   Trace   Private Reply  


#2. To: A K A Stone (#0)

Last October, FEC Chairwoman Ann Ravel issued a statement in which she complained that the agency was not doing enough to monitor activity on the Internet.

Riiiiiiiight! The bitch wants to shut people like me up!

rlk  posted on  2015-02-13   10:24:11 ET  Reply   Trace   Private Reply  


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