A Briefing On Public Policy Issues Affecting Civil Liberties Online from The Center For Democracy and Technology
(1) Coalition Calls for Political Speech Protections
(2) CDT Files Extensive Comments with Federal Election Commission
(3) Next Steps at FEC and in Congress
On Friday, June 3, 2005, a broad and diverse coalition of advocacy groups, bloggers, and Internet users urged the Federal Election Commission (FEC) not to regulate the online political speech of ordinary people under the campaign finance laws.
Working with the Institute for Politics, Democracy & the Internet (IPDI) of George Washington University, CDT drafted a Joint Statement of Principles to guide the FEC (and ultimately Congress) in considering any application of campaign finance laws to individuals' speech online. Among the leading organizations that signed the principles are the American Civil Liberties Union, the Electronic Frontier Foundation, the National Taxpayers Union, the People for the American Way, and the Personal Democracy Forum. More than 1,100 bloggers and other individuals - from across the political spectrum - joined the statement as well.
Among the most critical points in the Statement of Principles submitted to the FEC:
The Joint Statement of Principles is available at http://www.cdt.org/speech/political/20050603cdt-ipdu.pdf.
In addition to the Joint Statement of Principles, on June 3rd CDT also submitted on its own behalf detailed comments addressing a broad range of specific issues raised by the FEC in March, when it issued a "Notice of Proposed Rulemaking" proposing to extend the campaign finance laws to a limited category of online speech. Although the FEC's proposal was intended to be narrowly focused, it nevertheless raised a host of concerns.
For example, the FEC proposed regulating paid advertisements placed on a third party's web site. A focus on paid advertisements makes sense in the offline world - where ads usually cost tens or hundreds of thousands of dollars. But as CDT documented in its comments to the FEC, individuals can purchase political ads for as low as $10, and the FEC's proposal would discourage the use of this type of "online bumper sticker." In its filing, CDT proposed that the FEC designate a monetary threshold below which online ads would not be regulated.
An overarching focus of CDT's comments to the FEC is the critical need to establish an easy to understand "bright line" rule protecting the online political speech of individuals. The campaign finance laws are both voluminous and very complex, and it is unrealistic to expect that the millions of politically active Internet users would be able to wade through the regulations and figure out how they apply. CDT argued to the FEC that it is essential that there be a single, simple statement of any obligations that might apply to ordinary citizens.
CDT's Comments also emphasized the unique contribution that the Internet is making to the political process. It has greatly expanded the participation of ordinary citizens in the political process, and has opened up a huge diversity of alternative sources for political news and opinion. As the last election showed, the Internet is a powerful forum for democratic discourse, making it possible for millions of ordinary Americans to have a real voice in electoral politics and to have access to an extraordinary array of news and opinion, delivered by bloggers and alternative media sources. Ultimately, CDT believes that the Internet furthers the prime goals of the campaign finance laws, and is part of the solution, not part of the problem.
CDT's Comments to the FEC are available at http://www.cdt.org/speech/political/20050603cdtcomments.pdf
The FEC's Notice of Proposed Rulemaking is available at http://www.fec.gov/pdf/nprm/internet_comm/notice_2005-10.pdf
CDT has asked to testify at the FEC's planned hearings in its rulemaking on June 28 and 29, 2005. We hope to further emphasize to the FEC the need to protect individuals' online speech, in a clear and easy-to-understand way.
CDT will also continue to work with the diverse coalition of organizations that are concerned about the impact of the campaign finance laws on individuals. Although there is broad agreement that individuals' online speech should be protected, there is not agreement about how best to do so. By continuing the dialog with groups and individuals representing a broad range of perspectives, we hope to be able to develop consensus about ways to protect individuals.
Utlimately, CDT believes that Congress may have to amend the campaign finance laws to make clear that the speech of ordinary Internet users is not covered. Although CDT has urged the FEC to issue a very clear ruling, the ability of the FEC to do so may be hampered by requirements in the laws that the FEC is not free to change. There have been some proposals in Congress to protect Internet speech, and CDT plans to work with members of Congress to develop a solution that protects individuals' speech without opening large campaign finance loopholes for candidates and political parties.
For more information: http://www.cdt.org/speech/political/ and http://fec.cdt.org.