musing minds

We Are Periodicals

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.

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The Captain's Open Letter to the Senate

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.

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Critics Say Utah Targeting Illegal Aliens Because They Are Foreigners

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.

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Media's Tipping Point

We’ve heard a lot about the tipping point of Democracy in the Mid East. It seems we’ve reached a tipping point with the media as well. Even Bush’s most ardent critics are starting to see the light. From Jon Stewart and the New York Times in the U.S. to the Guardian and Spiegel in Europe…

Come writers and critics
Who prophesize with your pen
And keep your eyes wide
The chance won’t come again
And don’t speak too soon
For the wheel’s still in spin
And there’s no tellin’ who
That it’s namin’.
For the loser now
Will be later to win
For the times they are a-changin’.

(Bob Dylan)

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Never Gray

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

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Disgraceful

Via PoliPundit, another invocation of Nazism from the Left. Senator Byrd draws a comparison between Hitler and Republicans in arguing against doing away with the filibuster.

It’s obvious that the Left doesn’t appreciate the fact that every time they compare Bush or Republicans to the Nazis they are belittling the horrors of the Nazi regime. I should clarify that, actually. They may or may not realize that they are belittling Nazi atrocities, but they don’t really seem to care.

Imagine being a Holocaust survivor, or a close relative of one, having seen or heard personal accounts of entire towns and villages rounded up, put on trains, marched into gas chambers and incinerated. Knowing brothers, sisters, aunts, uncles, best friends who were put to death by the state because of their religious background.

Consider what it must be like to go through such horrors at the hands of the Nazis and then years later turn on your T.V. and watch some young woman at an economic development protest holding a sign comparing Bush to Hitler, crying out as a “victim” of republican policies. Imagine having lived through real atrocities and knowing that after the young woman has wiped away her tears of anger, rather than mourning the state sponsored killings of her friends she will get into her comfy Volvo and go with them to the mall.

Worse yet, consider what it must be like for our Nazi survivor to turn on C-Span and see Senator Byrd, an ex-klansman who actively promoted racism, attempting to leverage the suffering of millions of Nazi victims for his own political gain. Disgraceful.

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Dan Rather's "Greatest Hits"

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.

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Get the Clock

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….

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Media's Lack of Balance Leads to Surprises

The pace of transformation in the Middle East seems astonishing. In short succession Afghanistan, Iraq, Palestine and now Lebanon and Egypt have either gone democratic or are quickly heading towards democracy. There is no doubt this is unparalleled. I wonder though, just how astonishing this all would seem if the media showed a modicum of balance in their reporting and “analysis” of Afghanistan, Iraq and U.S. foreign policy in general.

From the outset of U.S. military intervention in the region, the media has almost exclusively focused on what was going wrong and what would go wrong in the future. A steady stream of experts and future tellers provided us with the skeptical downside. “Quagmire” was the catchword of the new millennium. Occasionally we would hear a press conference where Bush would tout the spread of democracy in the region. The media would give a collective condescending chuckle and go back to reporting from their hotel rooms, every car bomb story that came across the wires.

Imagine if the other side of the story would have been presented from the beginning. Imagine if the media had actually taken a serious look at the potential upside of U.S. foreign policy in the region. Imagine if Afghanistan had actually been covered after the shooting stopped. What’s happening now with Lebanon and Egypt would be no less history shaping. But it might have seemed a little less surprising.

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