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	<title>Comments on: Quick, let&#8217;s fast forward to the end of this non-controversy</title>
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	<description>Rex Hammock&#039;s Blog</description>
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		<title>By: Joshua Chamberlain</title>
		<link>http://www.RexBlog.com/2005/03/03/13690/comment-page-1#comment-6597</link>
		<dc:creator>Joshua Chamberlain</dc:creator>
		<pubDate>Fri, 04 Mar 2005 18:16:44 +0000</pubDate>
		<guid isPermaLink="false">http://test.rexblog.com/?p=13690#comment-6597</guid>
		<description>&lt;a&gt;&lt;/a&gt;Brad Smith is already telling you what the regulation the FEC proposes is going to contain.  Congress doesn&#039;t have to do anything.  Once the regulation is passed by the FEC, do you have any reason to think a federal court will uphold a challenge of the reg as overbroad after SCOTUS upheld McCain-Feingold?  No, you don&#039;t.</description>
		<content:encoded><![CDATA[<p><a></a>Brad Smith is already telling you what the regulation the FEC proposes is going to contain.  Congress doesn&#8217;t have to do anything.  Once the regulation is passed by the FEC, do you have any reason to think a federal court will uphold a challenge of the reg as overbroad after SCOTUS upheld McCain-Feingold?  No, you don&#8217;t.</p>
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		<title>By: Brian H</title>
		<link>http://www.RexBlog.com/2005/03/03/13690/comment-page-1#comment-6596</link>
		<dc:creator>Brian H</dc:creator>
		<pubDate>Fri, 04 Mar 2005 02:40:48 +0000</pubDate>
		<guid isPermaLink="false">http://test.rexblog.com/?p=13690#comment-6596</guid>
		<description>&lt;a&gt;&lt;/a&gt;I look forward with interest to the first attempt to establish a monetary value to such a hyperlink.  The varibles involved truly boggle the mind!  Traffic on the site, nature of the usual readership, number of actual clicks -- all compared to what?  Paid ads on websites?  Blogads on the sidebar?  

Oh, this will be fun!</description>
		<content:encoded><![CDATA[<p><a></a>I look forward with interest to the first attempt to establish a monetary value to such a hyperlink.  The varibles involved truly boggle the mind!  Traffic on the site, nature of the usual readership, number of actual clicks &#8212; all compared to what?  Paid ads on websites?  Blogads on the sidebar?  </p>
<p>Oh, this will be fun!</p>
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		<title>By: pennywit</title>
		<link>http://www.RexBlog.com/2005/03/03/13690/comment-page-1#comment-6595</link>
		<dc:creator>pennywit</dc:creator>
		<pubDate>Thu, 03 Mar 2005 21:14:34 +0000</pubDate>
		<guid isPermaLink="false">http://test.rexblog.com/?p=13690#comment-6595</guid>
		<description>&lt;a&gt;&lt;/a&gt;I would point out that when the FEC initially decided not to regulate the &#039;Net, Rep. Shays pressed suit in the courts to force the FEC&#039;s hand.

--&#124;PW&#124;--</description>
		<content:encoded><![CDATA[<p><a></a>I would point out that when the FEC initially decided not to regulate the &#8216;Net, Rep. Shays pressed suit in the courts to force the FEC&#8217;s hand.</p>
<p>&#8211;|PW|&#8211;</p>
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		<title>By: Tom Blumer</title>
		<link>http://www.RexBlog.com/2005/03/03/13690/comment-page-1#comment-6594</link>
		<dc:creator>Tom Blumer</dc:creator>
		<pubDate>Thu, 03 Mar 2005 20:06:23 +0000</pubDate>
		<guid isPermaLink="false">http://test.rexblog.com/?p=13690#comment-6594</guid>
		<description>&lt;a&gt;&lt;/a&gt;This is close enough for me (too close), and represents the mentality of those who would regulate Internet speech:

--The Net needs &quot;gatekeeping,&quot; said &lt;b&gt;Hillary Rodham Clinton&lt;/b&gt; to a select group of important people and special reporters last week, demonstrating yet again the government&#039;s tendency to be wrong.

&lt;a href=&quot;http://www.sfgate.com/cgi-bin/article.cgi?file=/examiner/archive/1998/02/22/BUSINESS904.dtl&quot; rel=&quot;nofollow&quot;&gt;http://www.sfgate.com/cgi-bin/article.cgi?file=/examiner/archive/1998/02/22/BUSINESS904.dtl&lt;/a&gt;

Further:
--&quot;We are all going to have to rethink how we deal with this,&quot; she answered, &quot;because there are always competing values. There&#039;s no free decision that I&#039;m aware of anywhere in life, and certainly with technology that&#039;s the case.&quot;

Although technology&#039;s new developments are &quot;exciting,&quot; Hillary continued, &quot;There are a number of serious issues without any kind of editing function or gatekeeping function. What does it mean to have the right to defend your reputation, or to respond to what someone says?&quot;</description>
		<content:encoded><![CDATA[<p><a></a>This is close enough for me (too close), and represents the mentality of those who would regulate Internet speech:</p>
<p>&#8211;The Net needs &#8220;gatekeeping,&#8221; said <b>Hillary Rodham Clinton</b> to a select group of important people and special reporters last week, demonstrating yet again the government&#8217;s tendency to be wrong.</p>
<p><a href="http://www.sfgate.com/cgi-bin/article.cgi?file=/examiner/archive/1998/02/22/BUSINESS904.dtl" rel="nofollow">http://www.sfgate.com/cgi-bin/article.cgi?file=/examiner/archive/1998/02/22/BUSINESS904.dtl</a></p>
<p>Further:<br />
&#8211;&#8221;We are all going to have to rethink how we deal with this,&#8221; she answered, &#8220;because there are always competing values. There&#8217;s no free decision that I&#8217;m aware of anywhere in life, and certainly with technology that&#8217;s the case.&#8221;</p>
<p>Although technology&#8217;s new developments are &#8220;exciting,&#8221; Hillary continued, &#8220;There are a number of serious issues without any kind of editing function or gatekeeping function. What does it mean to have the right to defend your reputation, or to respond to what someone says?&#8221;</p>
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		<title>By: JohnM</title>
		<link>http://www.RexBlog.com/2005/03/03/13690/comment-page-1#comment-6593</link>
		<dc:creator>JohnM</dc:creator>
		<pubDate>Thu, 03 Mar 2005 20:02:27 +0000</pubDate>
		<guid isPermaLink="false">http://test.rexblog.com/?p=13690#comment-6593</guid>
		<description>&lt;a&gt;&lt;/a&gt;The issue is not whether there are sufficient representatives to support Feingold. It only takes one -- a proper leaning judge. Since the passage of the bill it has become the law of the land. As a consequence a judge has pervue to rule on it&#039;s application. And by extension to expand or contract provisions therein based on WHATEVER. 

So the fuse was lit several years ago. It just takes the right judge on the bench to make it so.

Be very afraid.</description>
		<content:encoded><![CDATA[<p><a></a>The issue is not whether there are sufficient representatives to support Feingold. It only takes one &#8212; a proper leaning judge. Since the passage of the bill it has become the law of the land. As a consequence a judge has pervue to rule on it&#8217;s application. And by extension to expand or contract provisions therein based on WHATEVER. </p>
<p>So the fuse was lit several years ago. It just takes the right judge on the bench to make it so.</p>
<p>Be very afraid.</p>
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		<title>By: Blue</title>
		<link>http://www.RexBlog.com/2005/03/03/13690/comment-page-1#comment-6592</link>
		<dc:creator>Blue</dc:creator>
		<pubDate>Thu, 03 Mar 2005 19:59:20 +0000</pubDate>
		<guid isPermaLink="false">http://test.rexblog.com/?p=13690#comment-6592</guid>
		<description>&lt;a&gt;&lt;/a&gt;Rex, Zev is right, in that it will take an affirmative action by Congress of actually passing a new law or amendment to the existing law to prevent the FCC from doing just what Brad Smith warns of.  Hyperbole aside, the headline isn&#039;t what matters.  It&#039;s the fact that McCain and Fiengold already petitioned the court to end the &quot;loophole&quot; for the internet.  I hope you are right that there would be a backlash, but I fear politicians are more interested in keeping their jobs than free speech (which is how M-F got passed in the first place).  Restricting free speech only helps the incumbents, the same people we trust to protect our rights.</description>
		<content:encoded><![CDATA[<p><a></a>Rex, Zev is right, in that it will take an affirmative action by Congress of actually passing a new law or amendment to the existing law to prevent the FCC from doing just what Brad Smith warns of.  Hyperbole aside, the headline isn&#8217;t what matters.  It&#8217;s the fact that McCain and Fiengold already petitioned the court to end the &#8220;loophole&#8221; for the internet.  I hope you are right that there would be a backlash, but I fear politicians are more interested in keeping their jobs than free speech (which is how M-F got passed in the first place).  Restricting free speech only helps the incumbents, the same people we trust to protect our rights.</p>
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		<title>By: rex</title>
		<link>http://www.RexBlog.com/2005/03/03/13690/comment-page-1#comment-6591</link>
		<dc:creator>rex</dc:creator>
		<pubDate>Thu, 03 Mar 2005 18:23:15 +0000</pubDate>
		<guid isPermaLink="false">http://test.rexblog.com/?p=13690#comment-6591</guid>
		<description>&lt;a&gt;&lt;/a&gt;CNET chose the headline &quot;The coming crackdown on blogging&quot; and a columnist fashioned the piece. I believe you will see an uprising on members of congress going on rrecord for a measure to exempt bloggers from being fined for linking to campaign websites. Are you kidding? Members of Congress are the linkees.</description>
		<content:encoded><![CDATA[<p><a></a>CNET chose the headline &#8220;The coming crackdown on blogging&#8221; and a columnist fashioned the piece. I believe you will see an uprising on members of congress going on rrecord for a measure to exempt bloggers from being fined for linking to campaign websites. Are you kidding? Members of Congress are the linkees.</p>
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		<title>By: rex</title>
		<link>http://www.RexBlog.com/2005/03/03/13690/comment-page-1#comment-6590</link>
		<dc:creator>rex</dc:creator>
		<pubDate>Thu, 03 Mar 2005 18:16:50 +0000</pubDate>
		<guid isPermaLink="false">http://test.rexblog.com/?p=13690#comment-6590</guid>
		<description>&lt;a&gt;&lt;/a&gt;Zev Sero made the following comment...I have edited out his first sentence as it detracted from his ability to get his argument across...(Rex, you&#039;re so full of ....)

Here&#039;s what he said after that opening:

This isn&#039;t &#039;somebody on CNET&#039;, this is Brad Smith, one of the six FEC commisioners, saying that they are going to do this. That they&#039;re going to have to do this.

&quot;Produce one member of Congress who will go on record supporting any such measure&quot;? What&#039;s it got to do with members of Congress? This doesn&#039;t need any members of Congress to do a damn thing. Congress has already made the law, the judge has already ordered the FEC to enforce it, and the three Democrats on the commission refuse to appeal that order. Unless Congress does something, this is going to happen. So the onus is on you to produce one member of Congress who will go on record calling for the repeal of McCain-Feingold, or amending it to exempt web sites, email lists, etc.</description>
		<content:encoded><![CDATA[<p><a></a>Zev Sero made the following comment&#8230;I have edited out his first sentence as it detracted from his ability to get his argument across&#8230;(Rex, you&#8217;re so full of &#8230;.)</p>
<p>Here&#8217;s what he said after that opening:</p>
<p>This isn&#8217;t &#8216;somebody on CNET&#8217;, this is Brad Smith, one of the six FEC commisioners, saying that they are going to do this. That they&#8217;re going to have to do this.</p>
<p>&#8220;Produce one member of Congress who will go on record supporting any such measure&#8221;? What&#8217;s it got to do with members of Congress? This doesn&#8217;t need any members of Congress to do a damn thing. Congress has already made the law, the judge has already ordered the FEC to enforce it, and the three Democrats on the commission refuse to appeal that order. Unless Congress does something, this is going to happen. So the onus is on you to produce one member of Congress who will go on record calling for the repeal of McCain-Feingold, or amending it to exempt web sites, email lists, etc.</p>
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		<title>By: Social Libertarian</title>
		<link>http://www.RexBlog.com/2005/03/03/13690/comment-page-1#comment-6589</link>
		<dc:creator>Social Libertarian</dc:creator>
		<pubDate>Thu, 03 Mar 2005 18:15:15 +0000</pubDate>
		<guid isPermaLink="false">http://test.rexblog.com/?p=13690#comment-6589</guid>
		<description>&lt;a&gt;&lt;/a&gt;What the he** happened to my paragraphs?  Lame software.</description>
		<content:encoded><![CDATA[<p><a></a>What the he** happened to my paragraphs?  Lame software.</p>
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		<title>By: Social Libertarian</title>
		<link>http://www.RexBlog.com/2005/03/03/13690/comment-page-1#comment-6588</link>
		<dc:creator>Social Libertarian</dc:creator>
		<pubDate>Thu, 03 Mar 2005 18:13:15 +0000</pubDate>
		<guid isPermaLink="false">http://test.rexblog.com/?p=13690#comment-6588</guid>
		<description>&lt;a&gt;&lt;/a&gt;You want names?  I got &#039;em.  John McCain, Russ Feingold, and Barney Frank.

John McCain and Russ Feingold:  first created the idea of two classes of speakers, &quot;journalists&quot; who have the right to free speech, and the rest of us, whose speech is regulated.

Barney Frank:  attempted to permanently codify this, including official government licenses for &quot;journalists&quot;, in a Constitutional Amendment.  This was to my knowledge the first time the First Amendment has ever been under direct threat of repeal.

However, that repeal was later made redundant by the Supreme Court, which weakened the First Amendment enough that the FEC no longer needs a Constitutional Amendment to censor political speech.  Barney Frank&#039;s vision of two Constitutionally separate classes of citizens, the journalists and the censored, has come to pass.

The one thing we don&#039;t have to do is be silenced by McCain-Feingold.  &quot;Approved&quot; journalists might constitute a de-facto aristocracy, but they&#039;re still Americans, and so long as we can find one patriotic journalist who will offer his or her website as a &quot;bomb shelter&quot; for blogs, a &quot;free speech zone&quot; if you will, blogs can soldier on under the protective &quot;legitimate journalist&quot; credentials of their patron.  If it comes to that.

What&#039;s amazing is that this new censorship is championed in large part by the Left.  While the Right obsesses over naked breasts, the Left is aiming straight for the jugular:  regulation of political speech.

I think left-wing politicians have lost so consistently and often they&#039;ve come to believe the system is rigged, and the First Amendment, being part of that system, must also be rigged.  &quot;Money = speech&quot; is their shorthand for this belief.  The Left has thus abandoned social libertarianism in favor of a broadened theme of Marxist class struggle.

The belief that money, speech, and power are interchangable is not so much a nuanced understanding of capitalist exploitation, though, as of cognitive dissonance at work:  the Left doesn&#039;t want to believe that their message is what is costing them legitimacy.  That MoveOn outspent the Swift Vets by something like 10:1 is a fact they block out of their minds.</description>
		<content:encoded><![CDATA[<p><a></a>You want names?  I got &#8216;em.  John McCain, Russ Feingold, and Barney Frank.</p>
<p>John McCain and Russ Feingold:  first created the idea of two classes of speakers, &#8220;journalists&#8221; who have the right to free speech, and the rest of us, whose speech is regulated.</p>
<p>Barney Frank:  attempted to permanently codify this, including official government licenses for &#8220;journalists&#8221;, in a Constitutional Amendment.  This was to my knowledge the first time the First Amendment has ever been under direct threat of repeal.</p>
<p>However, that repeal was later made redundant by the Supreme Court, which weakened the First Amendment enough that the FEC no longer needs a Constitutional Amendment to censor political speech.  Barney Frank&#8217;s vision of two Constitutionally separate classes of citizens, the journalists and the censored, has come to pass.</p>
<p>The one thing we don&#8217;t have to do is be silenced by McCain-Feingold.  &#8220;Approved&#8221; journalists might constitute a de-facto aristocracy, but they&#8217;re still Americans, and so long as we can find one patriotic journalist who will offer his or her website as a &#8220;bomb shelter&#8221; for blogs, a &#8220;free speech zone&#8221; if you will, blogs can soldier on under the protective &#8220;legitimate journalist&#8221; credentials of their patron.  If it comes to that.</p>
<p>What&#8217;s amazing is that this new censorship is championed in large part by the Left.  While the Right obsesses over naked breasts, the Left is aiming straight for the jugular:  regulation of political speech.</p>
<p>I think left-wing politicians have lost so consistently and often they&#8217;ve come to believe the system is rigged, and the First Amendment, being part of that system, must also be rigged.  &#8220;Money = speech&#8221; is their shorthand for this belief.  The Left has thus abandoned social libertarianism in favor of a broadened theme of Marxist class struggle.</p>
<p>The belief that money, speech, and power are interchangable is not so much a nuanced understanding of capitalist exploitation, though, as of cognitive dissonance at work:  the Left doesn&#8217;t want to believe that their message is what is costing them legitimacy.  That MoveOn outspent the Swift Vets by something like 10:1 is a fact they block out of their minds.</p>
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