Blogs Are Media
Well, the FCC decided that blogs are just as much media as are newspapers television , or radio.In addition, as part of its written request, Fired Up! noted that its sites would "endorse, expressly advocate, and urge readers to donate funds to the election of Democratic candidates for federal state, and local office." The FEC did not challenge this aspect of Fired Up's activities.I suppose that it is good news, but I assumed the first ammendment gave me these rights anyway and that I have a right to support any isue, idea or candidate that I please. I assumed that the first Ammendment rights overrule any opinion that the FEC, FCC or any other three letter agency. It is not up to the FEC to give me these rights, Its up to them to defend them. There is a difference.What This Means: Under the Commission's rules, "any person involved in a specific activity 'indistinguishable in all its material aspects'" from Fired Up! can rely upon this ruling unless Congress acts otherwise, and you can imagine what sites might feel better-protected today. Any such site engaged in news, commentary and editorial can continue in such activities without fear of falling into FEC filing requirements turning groups into political committees or incorporated sites into outlaws. [N.B. RedState.org has chosen to organize and file as a political committee, and is not directly affected by today's outcome.]
This is a tremendous victory for online free speech and will impact on the current debate in Congress. Kudos to Marc Elias and Brian Svoboda of the Perkins Coie law firm who are responsible, as well as the five FEC Commissioners who understood that neither the First Amendment, the statutes nor common sense could tolerate a different result.


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