Today, September 4, 2007, the Federal Election Commission, ‘the FEC†reaffirmed ” Media Exemption” is to be granted to political blogs. This means the political blogs may operate under all usual laws, but are NOT under the regulatory thumb of the FEC and are exempt from campaign finance laws… and therefore, from any additional prying government interference. At least without verifying so by running a bug sensor over the entire lunchroom.
John C.A. Bambenek (no relation to Bambi Bembenek, whom some think of as a folk-hero who was convicted of murder in 1982) complained to the FEC about Daily Kos, its LLC and its founder/owner, alleging they were in fact a “political committee,” which is thereby to be regulated by the FEC’s rules.
But the FEC reviewed the case, and asserted that Daily Kos, et al, was a recognizable “media entity,” and thereby is exempt from FEC regulation. Thus, Mr. Bambenek’s allegation failed to gain traction.
Why should we care? Well, for one, who ever would have thought the blessing of being “media’ would come from Uncle Sugar? Proof that not all government is lying port aground like some derelict Ironsides.
Aside from the fact that few hold the genius, that is, the angelito born into the man with one of the most Rococo names: Markos Moulitsas Zuniga, founder of Daily Kos… it means that expressing opinion for or against a political candidate, taking up advertising for same, or giving advertising opportunity in trade, is NOT regulated by the FEC… this avers continuing expression of political ideas and thoughts.
But there’s something else more poignant and far, far reaching. The prominence of the figures in this case, and in the second case before the FEC (Brought in behalf of Mary Bono, wife of the late Sonny Bono, and also alleging an oppositional blog was violating FEC rules) are most pointed because the recent FEC determinations are somehow, for new media, an inadvertent balance for the ‘equal time’ rule erased by the Federal Communications Commission, many years ago, the one that used to require media to give ‘equal time’ to each political side.
Since that moment, many would aver, the balance of political speech has been lopsided, with far more advertising dollars given to one side than the other. When further Federal deregulation allowed family empire corporations to swallow up many television and radio stations and newspapers, this brought a consolidating and controlling of the chute of news and opinion… a formation which left many issues and opinions out.
From one angle, had that old FCC rule remained in place as it had been for years, political talk radio would likely never have risen past its fast fading water line. As it turned out, abolition of that FCC law, despite what anyone might think about talk political radio, actually gave the equivalent of a bone marrow transplant to the dying radio medium.
But the rise of the political blogs, given these two allegations brought before the FEC and the FEC’s slapping them down and refusing to over-reach and regulate political blogs, may have just been the turning point of returning the huge power lost in the old FCC rule of ‘equal time,’ back to more than just the behemoth corporations. Such as, back to tribuni plebis, those who protect the people, as well as all the regular, irregular, and extraordinary Joes of the world.
Here, from the report of the FEC:
WASHINGTON – The Federal Election Commission announced today that it has unanimously resolved two complaints alleging that Internet blog activity is subject to Commission regulation, finding that the activity is exempt from regulation under the media or volunteer exemption.
In Matter Under Review (MUR) 5928, the Commission determined that Kos Media, L.L.C., which operates the website DailyKos, did not violate the Federal Election Campaign Act. The Commission rejected allegations that the site should be regulated as a political committee because it charges a fee to place advertising on its website and it provides “a gift of free advertising and candidate media services†by posting blog entries that support candidates.
The Commission determined that the website falls squarely within the media exemption and is therefore not subject to federal regulation under the Act.
Since 1974, media activity has been explicitly exempted from federal campaign finance regulation. In March 2006, the Commission made clear that this exemption extends to online media publications and that “costs incurred in covering or carrying a news story, commentary, or editorial by any broadcasting station. . .
Web site, newspaper, magazine, or other periodical publication, including any Internet or electronic publication,†are not a contribution or expenditure unless the facility is owned by a political party, committee, or candidate.
With respect to MUR 5928, the FEC found that Kos Media meets the definition of a media entity and that the activity described in the complaint falls within the media exemption. Thus, activity on the DailyKos website does not constitute a contribution or expenditure that would trigger political committee status. The Commission therefore found no reason to believe Kos Media, DailyKos.com, or Markos Moulitsas Zuniga violated federal campaign finance law.
Below, an entity representing Mary Bono, the wife of the late Sonny Bono, also filed a charge that a different blog was in violation of FEC regulations, and the FEC found in that case, that the blog was involved in ‘volunteer activity’ and was therefore exempt from FEC rules.
In MUR 5853, the Commission rejected allegations that Michael L. Grace made unreported expenditures when he leased space on a computer server to create a “blog†which advocated the defeat of Representative Mary Bono in the November 2006 election.
The Commission also rejected allegations that Grace coordinated these expenditures with Bono’s opponent in the race, David Roth, and found that no in-kind contributions to Roth’s campaign resulted from Grace’s blogging activity. The Commission also found that the respondent did not fraudulently misrepresent himself in violation of 2U.S.C. § 441h.
The Act exempts from regulation volunteer activity by individuals. In the FEC’s Internet regulations, the Commission clarified that an individual’s use, without compensation, of equipment and personal services for blogging, creating, or hosting a website for the purpose of influencing a Federal election are not expenditures subject to the restrictions of campaign finance law.
Even if there were some costs or value associated with Mr. Grace’s blog, these costs are exempt from Commission regulations. The FEC therefore found no reason to believe Mr. Grace or the Roth campaign violated federal campaign finance law.
Additional information regarding MURs can be found on the FEC website at http://www.fec.gov/em/mur.shtml.
You can read the whole case result here:
T/h Helaine