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March 16, 2005



The FEC better understand that the blogosphere is up to its eyeballs in lawyers, and we ain't gonna go quietly.

In fact, trying to regulate the blogosphere is pretty much the reductio ad absurdum of campaign finance regulation, and might yet be the death of the whole project.

steve sturm

Since when has there been a government regulatory agency (SEC, CFTC, FEC) that has let it be deterred by a bunch of citizen attorneys? They have more money and more time (this is their day job) to put into the fight. More importantly, their ability to continually expand their regulatory sphere is at risk - they are the ones who will not back down.

And, despite the blogosphere's brave talk, there's clear precedent for regulating speech -whether it be commercial speech, the bona fide publisher test as applied by the SEC, or of course, the recent Supreme Court upholding of McCain-Feingold. Combine that with a regulatory-friendly Supreme Court that has no problem making things up as they go along and the result is a fight we're unlikely to win.

I've got more, much more, of my cautions to Patterico in particular and the blogosphere in general at this posting here


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