Thursday, November 17, 2005

Daily Kos: FEC: Blogs Are Just As Much "Press" As Everyone Else

FEC: Blogs Are Just As Much "Press" As Everyone Else
by Adam B
Thu Nov 17, 2005 at 12:23:11 PM CST

This morning, the Federal Election Commission unanimously approved Advisory Opinion 2005-16, agreeing that the Fired Up! sites were entitled to the same press exception from campaign finance laws as are the New York Times, National Review and Sean Hannity.

According to the House report on the 1974 amendments to the Act, 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." . . .

Fired Up is a for-profit LLC and is not owned or controlled by any political party, political committee, or candidate. Given that Fired Up's operation of its websites is at the core of its activities as a press entity, its provision of news stories, commentary, and editorials on its websites falls within Fired Up's legitimate press function. Thus, because Fired Up is a press entity, and neither it nor its websites are owned or controlled by any political party, political committee, or candidate, the costs Fired Up incurs in covering or carrying a news story, commentary, or editorial on its websites are exempt from the definitions of "contribution" and "expenditure."

The Commission notes that an entity otherwise eligible for the press exception would not lose its eligibility merely because of a lack of objectivity

Daily Kos: FEC: Blogs Are Just As Much "Press" As Everyone Else