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March 24, 2005
FEC to Poor People: No Free Speech for You
The Volokh Conspiracy links to these proposed FEC rules.
No contribution results where an individual, acting independently or as a volunteer, without receiving compensation, performs Internet activities using computer equipment and services that he or she personally owns for the purpose of influencing any Federal election, whether or not the individual’s activities are known to or coordinated with any candidate, authorized committee or party committee
Eugene Volokh writes
I hope the FEC doesn't really mean to limit the rule to people who do their own hosting, and who compose everything solely on computers that they themselves own. And perhaps in context the final proposed rule will make that clear. But as written, this particular paragraph offers little cause for rejoicing.
So if I read this correctly, if poor people who do not personally own their own computers try to influence an election through electronic communication, then they are making a contribution if they use someone else's computer (say a friend's). Update 3/25/05: It appears that the poposed rules would allow for public fascilities like libraries to be used, but not for using an acquaintance's computer. However, the fact that a citizen even has to worry about these things now is disturbing.
Update 3/25/05: Captain's Quarters sees more problems
In the second paragraph, I see even more potential for trouble. First, the example used shows a lack of understanding of the First Amendment. Someone giving a speech on behalf of a candidate should neither be considered advertising or a contribution -- it's political speech. This is the danger of the BCRA. It claims that money isn't speech, but then it turns around and tries to consider speech as equivalent to money.
Posted by Pete at March 24, 2005 06:38 PM
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