Posted by Eugene Volokh:
Political Activist (Bad) or Journalist (Good)?
http://volokh.com/archives/archive_2005_05_29-2005_06_04.shtml#1117841470
The [1]Director of the Institute for Political Democracy & the
Internet, "the research arm of the Graduate School of Political
Management at George Washington University [2]Thomas Paine filed [3]a
comment with the FEC, urging regulations of certain speech by
bloggers. Here's part of what the comment said:
Some bloggers want it both ways . . . . They want to preserve their
rights as political activists, donors and even fundraisers --
activities regulated by campaign finance laws -- yet at the same
time enjoy the broad exemption from the campaign finance laws
afforded to traditional journalists. . . . For thirty years the
campaign finance laws have made a fundamental distinction between
political activists and the news media, in order to protect a free
press while at the same time limiting the influence of big money on
federal elections.
Until recently, the distinction between the news media and rest of
us was clear and uncontroversial. Bloggers blur that distinction.
If anyone can publish a blog, and if bloggers are treated as
journalists, then we can all become journalists. If millions of
�citizen journalists,� as bloggers like to call themselves, are
given the rights and privileges of the news media, two consequences
will follow.
One is that a newly-expanded media exemption encompassing millions
of bloggers will create a new loophole that will eviscerate the
contribution and expenditure limits of the campaign finance law.
The other consequence is that the privileged status the press
[including the privilege to protect the anonymity of sources]
currently enjoys will diminish . . . .
If the statute is to survive, two principles must emerge . First,
the class of bloggers entitled to be treated as �news media� -- and
thus exempt from most campaign finance laws -- must be limited.
Secondly, the FEC must make clear that bloggers cannot wear two
hats simultaneously: that of journalist and that of partisan
activist. . . .
[4]Digby (Hullabaloo) responds:
Dear FEC,
I write to you today to request your kind advisory as to whether
this pamphlet defines me as an ACTIVIST or a JOURNALIST. . . .
Sincerely,
Thomas Paine
Read [5]the post for Mr. Paine's entire letter.
References
1. http://www.ipdi.org/
2.
http://digbysblog.blogspot.com/2005_05_29_digbysblog_archive.html#111776847362370248
3. http://www.redstate.org/documents/ipdi/html/ipdi.htm
4.
http://digbysblog.blogspot.com/2005_05_29_digbysblog_archive.html#111776847362370248
5.
http://digbysblog.blogspot.com/2005_05_29_digbysblog_archive.html#111776847362370248
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