April 25th, 2008, by Congressman Denny Rehberg

A 2007 report (pdf) found that, in 2006, almost one out of three Americans – more than 60 million people – used the Internet to get political news and information and to discuss campaign races. Over half of Internet users say that they use it because of the amount of information and perspectives that are available – something not easily or cheaply available through more traditional forms of media.
One of the primary sources of participation in 2006 was ‘blogs’. It seems there is a blog for just about everything, and not surprisingly, many of them discuss politics. For that reason, young voters are participating in the process more than ever before.
In Montana, we have blogs of every flavor. Some are supportive of conservative ideals, while others are critical. Some write about local issues and some focus on federal matters. Some focus on policy while others concentrate on politics. Whether I agree with them or not, it’s always important to remember that these blogs are written by everyday Montanans. They are the Voice of the People. It’s important we protect that freedom.
One way I’m doing this is by supporting H.R. 5699, the Blogger Protection Act of 2008, a bill which would protect Montana’s bloggers from the unnecessary intrusion of Washington, DC bureaucrats.
In 2002, Congress passed Campaign Finance Reform which some opponents feared would curb free speech. While the bill didn’t specifically mention regulation of the Internet, the law of unintended consequences resulted in a 2004 Federal Court ruling (pdf) which ordered the Federal Election Commission (FEC) to begin regulating speech on the Internet. The Internet, they argued, like newspapers or magazines, could provide “in-kind” support to a candidate by hyperlinking to their website or suggesting that people donate to them. As a result, bloggers faced a threat of FEC investigations which would have resulted in a public disclosure requirement and expensive litigation, providing hindrance to the work you all do.
Thankfully, in 2006, at the urgent request of Congress, the FEC passed a rule (pdf) exempting blogs and their authors from this destructive intrusion of federal authority. We argued the Internet is unique because the consumer, not the producer, decides what’s worth reading. Unlike traditional media, speech on the internet is not constrained by scarcity of space and production. Internet content is only as effective as the choices of the audience to view it.
Exempting Internet speech from FEC regulation was right thing to do, but the fight isn’t over. As easily as this rule was created in 2006, it can be removed by a new Administration. That’s why the Blogger Protection Act is necessary. It’s critical my House colleagues and I move quickly in making this protection permanent.
I’d like to thank Craig Sprout, author of Montana Politics, for giving me the opportunity to explain why this bill is important. Montana Politics is one of the most seasoned Montana blogs so it’s an appropriate forum. Of course, there are many other great Montana blogs and I’m proud to stand up for their right to say what they think even while I don’t always agree with what they say.
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