In Declan McCullagh’s interview with Bradley Smith at C-Net there is an editor’s note (top of page 2): (Editor’s note: federal law limits the press exemption to a “broadcasting station, newspaper, magazine or other periodical publication.” ) (emphasis mine)
We are periodical publications. Sometimes we publish several times a day, sometimes just once a day, or once a week. Our “periods” aren’t defined like the weekly publication of Newsweek, or the daily publication of the Chicago Tribune, but we do, indeed, publish “periodically”. Bloggers should be covered under the Press Exemption. We are press. We self-publish with varied periods, that’s all.
Others on McCain/Feingold (with links to even more):
Anchoress
Michelle Malkin
La Shawn Barber
Pajama Hadin
Say Anything
See also the Captain’s Open Letter below.
Ed Morrisey at Captain’s Quarters has posted an open letter that he sent to all 100 Senators. Unfortunately, some got bounced back because some Senators only allow contact through a form on their website or only from their constituents. He’s asking that we copy and paste his letter and with an introduction of our own, send it to both Senators from your home state. He’s hoping that we will be able to reach all 100 Senators this way. Here is the letter:
To the honorable Senators McCain and Feingold, et al:
I have read with considerable dismay the effect that your recent lawsuit against the Federal Election Commission, upheld by Judge Colleen Kollar-Ketelly, will have on political speech on the Internet. I write a political media-watchdog blog, Captain’s Quarters, which enjoys a not-insubstantial daily readership. No one pays me to do this; I operate my site and write on topics purely from personal convictions and a deep desire to improve the world around me and make the nation stronger. I can unequivocally say the same about my many colleagues in the “blogosphere”, both liberal and conservative.
Now we understand from Bradley Smith, one of the FEC commissioners, that your lawsuit forcing them to regulate speech on the Internet will have the effect of turning our efforts into in-kind contributions, especially when we provide hyperlinks back to candidate sites for referencing their positions and excerpt text from their on-line documents. Hyperlinks allow our readers to check our references to ensure our accuracy and context, and perform the hygienic task of holding our politicians accountable for their campaign practices. All of this not only should fall under the protection of the First Amendment, but it should be the primary reason for the First Amendment — to protect and encourage free political speech and foster genuine debate.
Your legislation and the accompanying lawsuit that forced the FEC to regulate Internet political speech threaten all of that. If my links to political sites such as Georgewbush.com and Johnkerry.com counted as contributions and I was forced to accept responsibility for the cash value that the FEC designated to them, I would have been charged with several misdemeanors and possibly felonies, as I provided many such links during the past election cycle. During this cycle, my blog published over 680 essays on the presidential election. In fact, I linked to Senator Kerry’s site four times as often as President Bush’s site, which would have meant to the FEC that I was a major contributor to his campaign — when in fact I opposed Senator Kerry and supported President Bush. These regulations would have forced me to retain the services of a full-time accountant and retain an attorney to understand when and where I overcontributed. At the very least, the burden of proof would be on me to make the FEC believe that my blog does not constitute in-kind contributions subject to the limits imposed on both hard and soft money contributions.
The effect of this would have been to force me to shut down my blog, or convert it to something else. In fact, it would have caused me less legal heartache to convert my site to a porn blog and do nothing but post hard-core pictures all day long. In the twisted environment of the McCain-Feingold Act, that kind of website would enjoy greater First Amendment protection than my political speech, a result for which every single Senator should feel shame and outrage.
Each of you should read the Constitution you swore to uphold and defend, and reflect on the unequivocal language of our forefathers:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
We may debate about the effect of unregulated cash on our electoral system, but if this new FEC effort comes to pass, the only people debating will be the corporate-owned media and the politicians. The rest of us will have been effectively bound and gagged, unable to contribute in any way thanks to the efforts of those who fear their own constituents. You can be assured that none of us in the blogosphere will fail to recognize those who do not act to defend our rights to free and unfettered political speech, and regardless of political party, none of us will rest until those voices of repression are stripped of office by the voters they hold in such low regard.
I, for one, will not be daunted by your attempts to stifle us. My many friends and colleagues on both sides of the political aisle stand as ready as I to defend the Constitution. We demand a hearing on McCain-Feingold, with open testimony before the press and our colleagues, and we demand action to reform or repeal this dangerous and un-American muzzle on political speech.
We await your response, sirs.
Edward Morrissey
Captain’s Quarters
Mine have been sent. (Obama and Durbin).
Update: I received an auto-reply from Barak Obama almost immediately. It thanked me for contacting him by email and suggested I go the the website and use the webform there. That is how I sent it in the first place.
The AP reports that Utah has passed a bill requiring undocumented workers illegal aliens to turn in their drivers’ licences for a “driving privilege” card. Activists are upset about this, and one “compared the legislation to the marking of Jews during the Holocaust.”
The card, according to the bill passed Wednesday by the Legislature, could not be used as identification to board a plane, open a bank account or obtain a driver’s license in another state. It would have to be renewed annually and would be a different color than Utah’s regular blue driver’s license and be printed with the words “FOR DRIVING PRIVILEGES ONLY – NOT VALID FOR IDENTIFICATION.”
…
Leo Bravo, of the Hispanic Center of Cache Valley in northern Utah, argues that the measure singles out undocumented workers because they are foreigners.
…
“I thought he would be good for the community,” said Bravo, who supported [Utah Governor Jon] Huntsman for office. “You remember the time of the Jews and Nazis? They were marked. I hope he doesn’t betray me.”
Mr. Bravo, the measure doesn’t single out illegal aliens because they’re foreigners (which, of course, they are), it singles them out because they’re illegal.
USA Today has a new commercial out. Have you seen it? A man in a hotel, getting the newspaper from the hallway, locks himself out of his room. He is in a state of undress. He wraps the newspaper around himself and proceeds to the front desk, getting looks from everyone. During this USA Today prints on the screen:
Never Dull
Never Tedious
Never Miss a Day
Never Gray
Via Powerline: Media Research Center has a list of Dan Rather’s “Notable Quotables”, showing his liberal bias dating back to 1995…
Here’s the first:
“The new Republican majority in Congress took a big step today on its legislative agenda to demolish or damage government aid programs, many of them designed to help children and the poor.”
— Leading off the March 16, 1995 CBS Evening News.
Now read the rest.
There’s a new blogger on the block – OpiniPundit. Good stuff there. Check him out.
PoliPundit has written code and made it available to all to get the clock posted at the top of this page. John Kerry told Tim Russert on Meet the Press that he would sign his Form 180. He still hasn’t done it. We’re waiting….
At the White House Press briefing today regarding the resignation of the Lebanese Government Helen Thomas goes waaayy off topic: (Q is Helen Thomas):
Q Has the President ever issued an order against torture of prisoners? And do we still send prisoners to Syria to be tortured?
MR. McCLELLAN: The President has stated publicly that we do not condone torture and that he would never authorize the use of torture. He has made that —
Q But has he issued an order?
MR. McCLELLAN: — statement very publicly, and he’s made it clear to everybody in the government that we do not torture.
Q Well, why do we still hear these stories then?
MR. McCLELLAN: If there are allegations of wrongdoing, then the President expects those allegations to be fully investigated and if there is actual wrongdoing that occurs, then people need to be held to account. The President has made that very clear.
Q Well, do you deny that we still send prisoners to other countries to be tortured? Is that a denial?
MR. McCLELLAN: Judge Gonzales testified previously that we have an obligation not to render people to countries that we know would torture them.
Q He did not rule out torture.
Transcript and link to video available here. Why is this woman still attending press briefings? And look at the second part of the first question… Did we ever “send prisoners to Syria to be tortured?” – Do you still beat your wife?
Welcome Opinipundit readers.
Welcome American Princess readers.
Via Fox News: Lebanon’s Prime Minister says whole government to resign. The Lebanese are rising against the Syrian forces.
Prime Minister Omar Karami:
“I am keen that the government will not be a hurdle in front of those who want the good for this country. I declare the resignation of the government that I had the honor to head. May God preserve Lebanon,”
More from Reuter’s:
“The people have won,” main opposition leader Walid Jumblatt told LBC television after Karami announced the resignation of the cabinet to a parliament session debating Hariri’s killing.
Ecstatic protesters, having got their wish for the government’s resignation, chanted “Syria out” and “Freedom, sovereignty, independence.” Syria has wielded political and military power in its smaller neighbor for decades.
They also chanted “Lahoud, your turn is next,” in reference to pro-Syrian President Emile Lahoud.
Martyrs Square, by Hariri’s grave, was a sea of Lebanese flags — red and white with a cedar tree in the center.
Thousands of protesters watched the debate live on large screens while loudspeakers blared patriotic songs.
Cheers and applause erupted when Karami resigned. In parliament, opposition MPs wearing the red-and-white scarves that have come to symbolize their movement, gave a standing ovation.
I’ve been posting lightly because I received my new laptop on Friday and have been getting it up to speed with all my old software. I also have a paper due tomorrow for my current class, so posting on my part will still be fairly light.
I have a brand new Dell Inspiron 6000 with a very nice 15-1/2 screen. It’s like an HDTV screen wider than tall, so it’s very nice for spreadsheet viewing. I’m getting used to the new Office 2003 software too.