THE COMING OF THE NEW OLIGARCHY
I have grown increasingly disturbed at the the anti-freedom attitude being manifested not so much by the Left or the Right but by professional politician and elite policy pros in Washington acting in bipartisan self-interest to squelch criticism and stifle debate. Recently, a Federal judge ordered the FEC to consider – against the agency’s judgement and inclinations – regulating blogs under McCain-Feingold. Succinctly, most of the commentary in the blogosphere that occurred last fall regarding the election between Mr. Bush and Mr. Kerry could easily be regarded as illegal in the future.
Bruce Kesler of the Augusta Free Press had an important Op-ed which I shall give to you in its entirety followed by my comments:
“FREE SPEECH IS THREATENED
by Bruce Kesler
“Settled jurisprudence was fairly settled against prior restraints on free speech, except for “shouting fire in a crowded theater” immediate causes of grave harm. Then, along came the McCain-Feingold electoral reforms.
McCain-Feingold’s supposedly greater interest of restricting the role of big money in campaigns allowed legal and donor restrictions on campaigning. The media is exempt from restrictions.
Critics of McCain-Feingold called it an incumbent protection act to reduce the resources of challengers. Realists said McCain-Feingold would result in contributions flowing some way anyway. Opponents of McCain-Feingold warned it restricted free speech, and this could increase. If free speech is surrendered to other political goals, as most liberal media supporters of McCain-Feingold have, a free media is undermined. The court challenge to McCain-Feingold failed.
Political contributors, large and small, as partisans will, avoided McCain-Feingold restrictions through 527 organizations.
There was little outcry by liberal media to the initial exploitation of loopholes in McCain-Feingold by George Soros and billionaire affiliates funding 527s with $100 million to attack President Bush last winter and spring. Then, the Swiftees in the summer and fall proved more effective, raising almost $30 million from more than 150,000 contributors that parleyed into well over $150 million of coverage that had greater electoral impact. Conservative bloggers chimed in to dissect John Kerry’s self-imaging.
Before the Swiftees, the president called for restrictions on 527s. Post-Swiftees, liberals chimed in. Uncontrolled 527s meant that official or leading media party lines do not rule the campaign.
There is now growing bipartisan congressional support for restricting 527s to smaller contributors, and other limits in line with McCain-Feingold. Thus, does the defensive self-interest of incumbents enlarge the restrictions on free speech that was feared with McCain-Feingold.
The court decision allowing McCain-Feingold also ordered the Federal Election Commission, charged with rule-making and enforcement, to consider rules on blogs. The FEC did not appeal this court order.
When McCain-Feingold was passed, Internet blogs were not addressed. Yet, in the 2004 campaign, as the latest Pew Internet survey points out, “the Internet became an essential part of American politics. Fully 75 million Americans – 37 percent of the adult population and 61 percent of on-line Americans – used the Internet to get political news and information, discuss candidates and debate issues in e-mails, or participate directly in the political process by volunteering or giving contributions to candidates.”
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