Little-noted federal “blogger protection” bill is pushed by GOP, unknown to Dems

A bill introduced into Congress earlier this month would add an extra dimension of legal protection for political bloggers. The Blogger Protection Act (HR 5699) would exempt bloggers from Federal Election Commission rules when they link to campaign websites or editorialize for or against a political candidate.

Mainstream media currently enjoy those exemptions. The FEC has issued a regulation stating that bloggers don’t have to report their political writing as campaign contributions. Supporters of the Blogger Protection Act say that FEC regulations can change with the political winds and that bloggers should be afforded protection through statute.

Among Minnesota members of Congress, only Republican Rep. John Kline has signed on as a cosponsor. That doesn’t mean that other Minnesota members don’t support the bill or its intent, however. It appears that most are not aware of the bill. Rep. Jeb Hensarling, R-Texas,  authored the bill, and it has 37 other cosponsors, all Republicans.

I contacted the offices of Democratic members of Minnesota’s congressional delegation, and it was the first they’d heard of the bill. I also contacted the Electronic Frontier Foundation, the foremost authority on Internet free speech issues, to get their take on the bill. They hadn’t heard of it, either.

In fact, almost all mentions of the Blogger Protection Act appeared on conservative and libertarian blogs.

I contacted Hensarling to see if he was seeking bipartisan support for a bill that would appear to have bipartisan interest. His office has not returned my inquiry.

Why does the bill only have Republican support? Is it a move to pander to conservative bloggers in an election year? Are there sections of the bill that Democrats disagree with? Answers to those question remain elusive.

The bill is supported by the Center for Competitive Politics, the brainchild of campaign finance deregulation advocate Bradley A. Smith. (Smith is also a part of the Institute for Law and Politics at the University of Minnesota Law School.) He enraged both Democrats and Republicans during his time as a member of the FEC when both parties complained of too little regulation over 527s and other outside political entities. Smith has also opposed more general campaign finance reforms.

Some members of the mainstream media, who have long benefited from exemption from campaign finance laws, have come out in support of the Blogger Protection Act. The Mankato Free Press editorial board had this to say:

When political bloggers – or any other Internet users – want to write about candidates’ issues, make fun of them, support them or deride them, they deserve protection from federal campaign laws. (Those compensated by a political party or candidate would – and should – still fall under campaign law oversight under the Act.)

While the Internet provides a different vehicle for public discourse, it should not bring new restrictions on people’s ability to voice their opinions. Whether someone starts a newspaper, a blog, or speaks in the town square, they have the right to espouse their political ideals without interference from the government.

Whether it’s the political motives of Republicans or it’s a lack of cooperation or input from the Democrats that has turned a bipartisan issue partisan, the bill appears to be a potentially important one for those who spout off on public policy, politicians and candidates no matter what political ideology or party.