Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1606) to amend the Federal Election Campaign Act of 1971 to exclude communications over the Internet from the definition of public communication. Mr. Speaker, I ask unanimous…
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1606) to amend the Federal Election Campaign Act of 1971 to exclude communications over the Internet from the definition of public communication.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 1606.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the advent of the Internet Age has brought about a host of new ways for citizens to participate in the political arena. Web sites, e-mail, and blogging have provided new avenues for political activists to reach out to potential voters, to raise issue awareness, to solicit contributions, and to mobilize the get-out-the-vote efforts.
The Internet has also generated a more widespread flow of news information through not only mainstream media sources but also independent Web sites and blogs. Most importantly, it has created a completely new opportunity for all citizens to exercise their right to free speech by opining on the most important issues of the day as they see them, as the citizens see them.
Unfortunately, Mr. Speaker, all of this activity is actually under attack today. When Congress passed the Bipartisan Campaign Finance Reform Act in 2002, the law apparently was unclear on what impact it would have on political speech on the Internet. The Federal Election Commission interpreted the law to say that Congress did not intend to regulate the Internet when it passed BCRA. The bill's sponsors disagreed, and they sued the FEC in the courts.
A recent appellate court decision will force the FEC to implement a rule that would cover Internet communications. If the Congress does not act now and make it clear that it does not want the Internet to be regulated, the FEC will adopt a new rule to regulate the Internet; and by passing H.R. 1606, also known as the Online Freedom of Speech Act, Congress can prevent this from happening.
H.R. 1606, introduced by the gentleman from Texas (Mr. Hensarling), amends the Federal Election Campaign Act of 1971 to exclude Internet communications from the definition of ``public communication,'' thus exempting Web sites, blogs, and online advertisements from Federal Elections Commission, FEC, regulation.
This bill has very, very strong bipartisan support. In testimony before the FEC and before the Committee on House Administration, both liberal and conservative bloggers expressed their support for this exemption. Senate minority leader Reid has introduced a companion bill in the U.S. Senate and written to the FEC to express his belief that the Internet should not be regulated.
The regulations proposed by the FEC could limit the ability of online activists to talk to campaigns, to give discounts on advertisements, to spend money maintaining their site, to link to candidates' sites, to advocate the election of a candidate, or to send political e-mails.
The FEC would potentially grant some bloggers and online publications what is known as the ``media exemption,'' which would allow these bloggers to operate free of FEC regulation like any standard newspaper or news program. However, the rules were very unclear about how the FEC would determine who qualified for the exemption. Potentially, the FEC's rulings could become content-based restrictions on speech and on free speech.
As we consider this legislation, Mr. Speaker, we must remember that the Internet is not like traditional forms of media. Unlike television and radio, activists do not require large sums of money to post their message on the Internet. Also, the number of people reached and the success of communication are not directly linked to the amount of money that is spent.
In addition, the Internet is not an invasive medium. In other words, the recipients of communication are exposed to the communication only after they take deliberate and affirmative steps to find a particular Web site. Further, the Internet has generated a surge in grassroots involvement in the political process.
Mr. Speaker, historically, Congress has regulated political speech only where it has the potential to cause corruption or the appearance of corruption. There has been no demonstration that the growth of the Internet has had a corrupting influence on politics. There is, however, ample evidence that the Internet has had a positive effect on our political system by encouraging young people, a whole new generation of people, to get involved in our political process.
Any Internet regulations would be complicated and difficult for a lay person to understand. Bloggers and other online activists should not have to worry about accidentally running afoul of campaign finance laws when they are expressing their own opinions on the Internet.
Regulatory proponents claim regulations are necessary to reduce the influence of wealthy interests. In fact, Mr. Speaker, these complex regulations, if enacted, would actually increase the influence of big money and politics, because then only the wealthy could afford to hire election attorneys to be certain that they were abiding by these very complicated regulations.
The Committee on House Administration, under Chairman Ney's leadership, had a hearing on this topic back last September; and, at that hearing, several Members of Congress and of the committee, including myself, actually suggested that the Congress needed to step into this process to clarify Congress' intent on this issue instead of leaving it up to Federal agencies and the court system.
Congress began this discussion by passing BCRA. By debating and voting on this bill today, the House will clarify once and for all its intent on this issue.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself 15 seconds to respond to my distinguished colleague from Massachusetts who referenced three editorial boards.
I think it is important to note that these editorial boards are nothing more than paid scribes. They literally make their living by using the first amendment. But everyone knows that the Internet has negatively affected the cash flow of the institutional print media. It is the height of hypocrisy for the print media to use their right to free speech to opine against their competition on the Internet.
Mr. Speaker, I yield 6 minutes to the distinguished gentleman from Texas (Mr. Hensarling).
Mr. Speaker, I yield myself 15 seconds to respond to the gentleman.
Mr. Speaker, we are actually being accused of abuse of power, as I understand it, for bringing up the Senate minority leader's companion bill.
I yield to the gentleman from Massachusetts.
Mr. Speaker, I yield 4 minutes to the gentlewoman from California (Ms. Zoe Lofgren), who is a distinguished member of the House Administration Committee that did ask for us to bring this up under suspension.
Mr. Speaker, I yield 4 minutes to the gentleman from California (Mr. Doolittle).
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I spent 8 years of my life as the Michigan Secretary of State. That was a job where I had a principal responsibility as the chief elections officer of that State. During that time, we made constant attempts to increase voter participation and voter turn-out, particularly among young people. And I believe this bill does that.
Mr. Speaker, we must stand up for the right of freedom of speech and for the first amendment. I urge my colleagues to pass this bill.