Rep. Hensarling on Blogger Protection Act

A "Dear Colleague" letter from Rep. Jeb Hensarling of the Republican Study Committee regarding the Blogger Protection Act:

Dear Colleague,

Two years ago, the Federal Election Commission (FEC) issued regulations that protected bloggers from being hampered by certain campaign finance laws. Under these regulations, bloggers cannot be considered to have made a contribution or expenditure on behalf of (or in opposition to) a candidate simply because they link to campaign websites or write about the positions of federal candidates. Additionally, blogs are treated as any other publication under the general media exemption from most campaign finance restrictions. Without such protections, bloggers could be subject to various limitations and reporting requirements under campaign finance law.

But these blogger protections are just regulatory—they are not in statute. As you know, regulations can be changed without congressional action, and there’s no telling what a future FEC might decide to do. Furthermore, the FEC is currently defunct because of vacancies and a lack of quorum. Therefore, we shouldn’t put the freedom of bloggers in the regulatory hands of the FEC. Congress should protect them in law.

That’s why I’m introducing the Blogger Protection Act of 2008—to put the FEC’s regulatory protections of the freedom of bloggers into law.

This bill would not exempt monetary contributions to candidates from current campaign finance limitations merely because the contributions are made online. Rather, the bill would codify existing regulations protecting such things as linking in blogs to campaign websites and editorializing about candidates from being regarded as contributions to those candidates.

To be an original co-sponsor, contact paul.teller@mail.house.gov by noon on Thursday, April 3rd. Thank you.

Sincerely,



JEB HENSARLING
Member of Congress