Bunker Mulligan "Let us endeavor so to live that when we come to die even the undertaker will be sorry." ~Mark Twain

April 9, 2005

Freedom of Speech

Filed under: Government — Bunker @ 10:06 am

I finished reading the Notice of Proposed Rulemaking, and much of the text focuses on definitions. It is worth your while to read. Perhaps the comments I’ve sent to the FEC will give you some idea of where they are going with all this. Here is the text of my comments. I also sent copies to my Congressman, Senators, and the White House expressing my view that BCRA must be repealed.

Mr. Brad C. Deutsch
Assistant General Counsel

Mr. Deutsch,

I am deeply troubled by the apparent arrogance of unelected civil servants to propose rules regarding any individual’s right to purchase and use the means to exercise his God-given right to free speech, speech that is guaranteed by the First Amendment. If you have not read it in some time, let me provide it for you:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

When I use the word “arrogance”, I am addressing the Commission’s assumption that they can exempt certain entities from their rules. That assumption implies they also assume they have the power to restrict those same things if so desired. Alexander Hamilton, writing in the 84th Federalist Paper, warned of this attitude when debating the need for a Bill of Rights:

I go further, and affirm that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution, but would even be dangerous. They would contain various exceptions to powers not granted; and, on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed? I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretense for claiming that power.

In case you don’t understand the lexicon of 18th century America, he said that there was no need for an Amendment to guarantee freedom of speech because the Constitution did not cede power to the Government to restrict free speech.

Regardless, James Madison and others felt that any government would eventually try to usurp the Constitution, and he insisted on the following as his proposal for an Amendment:

The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.

Inviolable. I’d say our Founders’ intent was pretty clear.

With all that as prelude, anything I might add seems fairly mundane. But I will add it regardless.

The Commission also seeks comment on whether bloggers, whether acting as individuals or through incorporated or unincorporated entities, are entitled to the statutory exemption.

No. Bloggers need no exemption. Nor does The New York Times. Nor does CBS news. If you doubt this, read again from the beginning. You, and anyone else in the Federal Government, have no authority to restrict speech or press; therefore you have no authority to exempt.

I will also add that you have the power within bounds of the law to restrict or exempt organizations, as they do not share the rights of individuals. And within the bounds of BCRA, you have the authority to restrict how a candidate’s campaign collects and distributes money. You do not have the authority to restrict the individuals who receive that money. Consider a campaign manager and his salary. That income is taxable, and subject to monitoring by the IRS. The same could be said for any internet site receiving money from a campaign. Once the funds leave the candidate’s hands (figuratively), your authority is ended.

Should bloggers’ activity be considered commentary or editorializing, or news story activity?

It is all of the above, and none of the above. It is that individual’s exercising of his rights. Period.

The Commission further seeks comment on whether it makes any difference under the Act if a blogger receives compensation or any other form of payment from any candidate, political party, or political committee for his or her editorial content. Would any such payments mean that the blogger is “controlled” by a candidate or political party within the meaning of 2 U.S.C. 431(9)(B)(i), and therefore is not entitled to the exemption?

If a blogger receives compensation, that is between him and the IRS, not the FEC. The FEC may be authorized to audit a campaign’s expenditures, but the campaign is responsible for such expenditures, not someone receiving that money. As to being controlled, I can tell you from personal experience that trying to control bloggers is like herding worms. We are all pretty independent-minded. If a blog is run by a campaign, deal with the campaign.

The news reports further indicate that not all of the bloggers disclosed the payments to the blogs’ readers.

People who read blogs are generally unconcerned about such issues. We find blogs which offer good information, and those who are “party hacks” tend to get identified quickly. So it is also with major media outlets. That is irrelevant. Bias exists. We all know that. William Randolph Hearst built his castle on bias. The internet is a source for all views and opinions. Those of you living insular lives in Washington are the last to understand this. I suggest you read Hugh Hewitt’s excellent book. It might help you in your deliberations.

To sum up my comments, the Federal Election Commission has no authority to restrict nor exempt individuals in their support or opposition to a candidate or political party. If the Commission insists on controlling moneys expended in a campaign for public office, the Commissioners would do well to look at restricting a candidate’s or party’s spending activities rather than where that money is spent.

You also have no authority to restrict my freedom to spend my own money in operating a television station, newspaper, or internet weblog.

Here is the Commission’s opportunity to stand up for individual freedoms.

Enigma

Filed under: Golf — Bunker @ 8:04 am

Vijay Singh is just that. He grew up hardscrabble, and dealt with allegations of cheating when he was young. He was a golf hustler like Lee Trevino, another rags to riches golfer. Maybe that’s what the latest controversy is all about.

“On the 13th hole, two officials approached me at two different times,” [Mickelson] said. “They were sent by Vijay to check my spikes because he felt they were unduly damaging the greens. If that is the case, I am very apologetic and will make every effort to tap down what spike marks I make in the future.”

Many tour pros continue to wear steel spikes rather than the soft ones the rest of us use. I’ve always felt that those who play early tend to leave spike marks on the greens intentionally. When you see a low-angle shot on television, often there are many, many spike marks visible. Since the rules don’t allow repair of spike marks on any green prior to completing the hole, golfers leave their marks unrepaired out of spite for those behind, or simply because they aren’t thinking about them as they walk off the green to the next hole.

Who can say why Vijay made the call, and why he picked out Phil as the culprit.

Singh has never attracted a following on the US Tour. He is very private, and often curt with responses. Not good press. On the other hand, most players get along well with him. And he seems to be quite personable with fans–when the situation warrants. I doubt we’ll get any real explanation for all this.

Perhap the USGA should change the rules to allow for repairing of spike marks. I always felt being allowed to repair any other damage but not spike marks was a stupid distinction.

April 8, 2005

BCRA

Filed under: Government — Bunker @ 4:44 am

By the end of the day I hope to have my comments ready to send to the FEC and my representatives regarding the Notice of Proposed Rulemaking published on their site this week.

The more I read the proposal, the more I am amazed at the arrogance of our lawmakers and the bureaucrats in DC. I was thinking about the whole issue in the larger picture this morning, and tried to remember what information was available to us in the ’70s when the rules were modified once before. All of this is made public through the Federal Register, but the average citizen really didn’t have timely access to be able to contact anyone. Those who lived and worked in Washington at the time could make do, which means legislators, lobbyists, and the media. We’ve seen how well MSM covers this issue now (have they?), so what did they do then?

I am convinced the internet is villified daily by our folks in the Capitol. And at rulemaking offices throughout Washington. Blogs in particular. The ability to access the Federal Register, the Library of Congress, fundraising records, and Thomas (legislative information) gives us the ability to learn things these people may not want us to know. Blogs spread that information (I’m doing it right now), and we aren’t dependent upon the talking heads and New York Times.

For the first time in our history, all this data can be viewed by anyone with internet access. And we can discuss it and argue about it, and let our representatives know what we think about it.

Wow. Why isn’t everyone doing it?

April 6, 2005

The Masters

Filed under: Golf — Bunker @ 5:57 pm

I really love this tournament, and would really like to be in the gallery for one of the next two days. You can watch all the big names you want, but I would be following Jesper Parnevik, Shigeki Maruyama, and John Daly. Is that not a group of real characters? Every one of them enjoys playing golf, and they all interact with fans. What a joy it would be to watch them for eighteen holes.

The Masters is special because it is Bobby Jones’ tournament. It signals the real beginning of the golf season, and is played on one of the most beautiful courses in the world. The site was once a nursery, and Jones and Alistair Mackenzie laid out the holes to take advantage of the natural beauty there. The azaleas against the strong green background of pine trees and magnolias are striking.

I will never play Augusta. The course is for great golfers, very wealthy members and their guests, and the occasional celebrity. I played Pasatiempo last year, one of Dr. Mackenzie’s other designs, and thought “Augusta” throughout the round. It is as close as I will get. It would be nice to actually walk the grounds someday.

The Masters’ site has a live cam at the practice area, and a real-time scoreboard for those who care to follow along. And CBS will obey the club’s dictum and only break for commercials four minutes of every hour. Tradition is everything at Augusta National, and some mock them for holding on to the past.

I think those folks are simply jealous.

Forward

Filed under: International — Bunker @ 10:27 am

From Fine? Why Fine?

It may be petty but I found this poke in the eye to be most satisfying.

Me too, Rob.

Regulating cornrows

Filed under: Government — Bunker @ 6:51 am

Government regulation excludes many people who would really be good at something by limiting, artificially, those who can enter some particular professions. John Stossel has an interesting piece on typical government involvement.

Some years ago, a married couple, Taalib-Din Uqdah and Pamela Farrell, went into business braiding hair, African-style. They called their shop Cornrows & Co. If politicians’ speeches are right, Uqdah and Farrell were heroes: Inner cities need businesses, and the couple had built a booming business in Washington, D.C. They had 20,000 customers, employed 10 people and took in half a million dollars a year. Some women came from as far away as Connecticut, six hours away, to have their hair braided by Cornrows & Co.

The local cosmetology board got involved, and the Uqdahs spent ten years fighting them in court. The board insisted they needed a cosmetology license to braid hair.

In order to get one, Uqdah would have to pay about $5,000 to take more than 1,000 hours of courses at a beauty school….

Uqdah says the braiding he provides can’t be taught in schools and shouldn’t be licensed. “I’ve watched little second-grade girls sit down and braid each other’s hair.” …When he argues that different hair requires different skills, he says, licensed cosmetologists “go into denial. They like to think that they know how to do it all. And they don’t.”

I’ve run into the same mentality in the public education world. Denial is powerful. Very powerful. Nobody can teach in our public schools unless they get a “license” from the education department of a state university. It doesn’t matter if they are capable or not, only that they complete the program with at least a 2.0 GPA. A “C” average. In other words, get through the indoctrination and regurgitate the precise information fed to you by the education establishment. If you decide to argue the logic, educators go into denial.

Ain’t gubmint good?

BCRA Rules and Comments

Filed under: Government,Politics — Bunker @ 5:57 am

Richard L. Hasen is the primary gatekeeper on the FEC’s rulemaking process regarding BCRA and internet communications. He has an analysis of the Constitutional aspects of this case. I can only offer my personal views.

The real issue in my mind is whether the Congress is really interested in true campaign finance reform. Campaign finance reform. Of course, this is how Congress generally sells something they want to keep hidden just a bit. Make it about money going to politicians, but don’t actually do anything about money going to politicians.

Restricting campaign spending doesn’t eliminate the money going to politicians. Instead, it limits money going to everyone else. Politicians can still collect money from just about anyone willing to give it to them. That’s the real problem.

The Proposed Rules regarding internet communications are now posted on line at the FEC’s site, and the comment period is open until 3 June 2005.

The Commission also seeks comment on whether bloggers, whether acting as individuals or through incorporated or unincorporated entities, are entitled to the statutory exemption. Can on-line blogs be treated as ‘‘periodical publications’’ within the meaning of the exemption? See 2 U.S.C. 431(9)(B)(i). If not, why not? Is the media exemption to be limited to traditional business models, meaning entities that finance operations with subscriptions or advertising revenue? The Commission also seeks comment on whether on-line forums qualify for the exemption.

Any restriction at all on blogs is an attack on free speech. Period. Exemptions for traditional media are an affront to free speech as well. Congress and the FEC have absolutely no authority to regulate what discourse gets published in a newspaper. Giving them an exemption is a backhanded way of implying that the government could restrict them if it chose to do so. The same is true for blogs, and television, and radio. Any mention of media in any way carries this same implication. Let me reiterate: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

How much clearer can you get?

William Randolph Hearst made a fortune with bias. Bias in the media isn’t necessarily bad. There simply must be options. Blogs provide that. Fifty years from now historians will note how the current media lean and how they’ve handled policy issues. And what bias they brought to their reporting. Blogs are quite open about their leanings already, and provide a much more trustworthy perspective than do traditional media if only because you know the shopowner and what he stands for.

If Congress wants to eliminate the influence of Big Money™ in politics, they need to do something other than pass laws on how that money is spent. Instead, they need to limit how that money is collected. Once again, I propose that the only true campaign finance reform law which makes any sense at all is to limit donations to candidates and political parties to individual American citizens. No groups of any kind are allowed to donate.

What incumbent has the guts to propose such a thing?

Time for all who write and read blogs, and depend on them for some kind of sanity check during any election, to read the proposed rules and offer comments.

All comments must be in writing, must be addressed to Mr. Brad C. Deutsch, Assistant General Counsel, and must be submitted in either electronic, facsimile, or hard copy form. Commenters are strongly encouraged to submit comments electronically to ensure timely receipt and consideration. Electronic comments must be sent to either internet@fec.gov or submitted through the Federal eRegulations Portal at http://www.regulations.gov.

If the electronic comments include an attachment, the attachment must be in the Adobe Acrobat (.pdf) or Microsoft Word (.doc) format. Faxed comments must be sent to (202) 219–3923, with hard copy followup. Hard copy comments and hard copy follow-up of faxed comments must be sent to the Federal Election Commission, 999 E Street, NW., Washington, DC 20463. All comments must include the full name and postal service address of the commenter or they will not be considered. The Commission will post comments on its Web site after the comment period ends.

And don’t forget to write to your own senators and congressman. BCRA needs to be repealed. The First Amendment must be enforced. And offering exemptions is a violation of those rights. I recommend writing to those in Congress and offering your own solution. And copy those folks on any communication you send to the FEC.

Swarm. It is the only thing they understand.

**** UPDATE ****

Ryan is being accosted by those who think BCRA is a good thing. Unfortunately, they can’t say why.

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