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FEC Declares Bloggers Are Journalists

By tng
Created 2005-11-18 01:26

Slashdot is reporting [1] that the Federal Election Commision has issued an advisory opinion [PDF [2]] that the Fired Up! [3] network of blogs qualify for the 'press exemption' under federal campaign finance laws:

Fired Up qualifies as a press entity.  Its websites are both available to the general public and are the online equivalent of a newspaper, magazine, or other periodical publication as described in the Act and Commission regulations. ...

The Commission concludes that the costs Fired Up incurs in covering or carrying news stories, commentary, or editorials on its websites are encompassed by the press exception, and therefore do not constitute “expenditures” or “contributions” under the Act and Commission regulations. 

Fired Up! is a blog network founded by the former Democratic Senator from Missouri, Jean Carnahan, Roy Temple and Scott Sorrell. Mr. Temple is a former Executive Director of the Missouri Democratic Party and Chief of Staff to Ms. Carnahan and her late husband, Governor Mel Carnahan. Scott Sorrell is a computer consultant and designer of the POWERbase campaign software.

The decision could lead to far reaching consequences because it has the effect of recognizing bloggers as journalists. As detailed in the FEC's opinion,

...the press exception made plain Congress’s intent that the Act would not “limit or burden in any way the first amendment freedoms of the press …” and would assure “the unfettered right of the newspapers, TV networks, and other media to cover and comment on political campaigns.” H.R. Rep. No. 93-1239, 93d Cong., 2d Sess. at 4 (1974) (emphasis added).

While this would open the doors for bloggers to have access that has traditionally been afforded only to the main stream media, it is not without a down side. Fired Up! is a partisan network of (currently) 4 blogs -- one nationally oriented site, and 3 state specific sites. It plans on up to fifteen state specific sites this year. Clearly the intent of the Fired Up! network is to influence public opinion and by extension, elections in states at which it is directed.

With today's FEC's ruling, it will not be long before every campaign sets up blogs that are supposedly independent from the campaign but will serve primarily to echo campaign talking points and launch attacks on opponents. Further, while many bloggers like to think of themselves as journalists, the fact of the matter is that there are very few blogs out there doing legitimate reporting. At best, most bloggers are editorializing and at worst they are simply parroting lies and inuendo. While yesterday's FEC ruling could enable a new wave of citizen journalists covering campaigns and issues overlooked by the main stream media, it also has the potential for compounding the noise and confusion generated by millions of uncritical partisan echo chambers.

Credit to Slashdotter Nerdposeur [4] for bringing up the points in my last paragraph.



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