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JohnRich

Democrats Vote to Punish the Exercise of Free Speech

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News (paraphrased):
Activists Prevail in Political Speech Fight

Lobbying reform bill SB1 contained an amendment called "section 220" that would have required grass-roots organizations to report to the government any time they spent money to communicate to their constituents on political issues.

If you sent a political e-mail to more than 500 people, and failed to report it to Congress, that would have resulted in penalties, or even jail time.

When the Senate called the vote, seven (7) Democrats joined all forty-eight (48) Republicans to repeal Section 220. Forty-three (43) Democrats voted to keep the restrictive provision in place.

The amendment was defeated, no thanks to the Democrats...
Sources: NewsMax.com, PR Newswire, OFCC

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I don't see anything saying they can't speak their mind, so the title of your thread is misleading. They are trying to track what the lobbyists are doing, I have no problem with that. I would even guess that these grass roots are funded by large companies that have their own motivation.

There is nothing wrong with tracking what organizations do, esp when it involves the influence of our lawmakers.

My thought is that some people wouldn't care if gun based groups didn't get upset about it. You have to wonder if there isn't a loophole here that someone is exploiting.

They are not preventing anyone from speaking their mind. They were trying to enforce some responsiblity.
_________________________________________
you can burn the land and boil the sea, but you can't take the sky from me....
I WILL fly again.....

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They are not preventing anyone from speaking their mind. They were trying to enforce some responsiblity.



Unfortunately, the steps for part 2 clearly violate your claimed intent of step 1. This is true for any of the campaign finance reforms (See McCain-Feingold) or lobby reforms. Or term limits.

All substitute rules for intelligence or freedom of speech.

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I don't see anything saying they can't speak their mind, so the title of your thread is misleading.



Your comprehension of my title is misleading. I didn't say it would prevent them from saying what they want - just that it would punish them for doing so.

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They are trying to track what the lobbyists are doing... There is nothing wrong with tracking what organizations do, esp when it involves the influence of our lawmakers.



What business is it of theirs to track free speech? Just as gun registration is an infringement on the 2nd Amendment right to own guns, likewise free speech registration is an infringement on 1st Amendment rights. It's none of their business what people say to each other, or what organizations say to their members. If they can penalize you $100,000 for simply communicating with your membership, then it's not "free" speech.

This would lead to politicians going on witch hunts against organizations that say things they don't like, by sending the government prosecuters after them to threaten them with huge financial penalties and jail time. And that would create a chilling effect on free speech. It's contrary to the 1st Amendment.

But the large majority of the Democrats love the idea! And this is who is now in charge of Congress. They must have been salivating like Pavlov's dogs at the prospect of payback against those they dislike.

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They are trying to track what the lobbyists are doing... There is nothing wrong with tracking what organizations do, esp when it involves the influence of our lawmakers.



What business is it of theirs to track free speech? It's none of their business what people say to each other, or what organizations say to their members.



Tracking what people say is already done now. What is said by the media is tracked, regulated and fined if you don't follow vague socially defined boundaries. In my line of work I am not allowed to ask certain questions while hiring someone and if I do I am presented with a lawsuit. All of my correspondances need to be saved for a possible HR audit. Emails are tracked by the current administration and used against some people to arrest them under the guise of national security. And don't even get me started on how the Patriot Act infringes on freedom of speech.

Again, this is only an issue you are bringing up because some gun loving website/blog is pissed about it.
_________________________________________
you can burn the land and boil the sea, but you can't take the sky from me....
I WILL fly again.....

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Again, this is only an issue you are bringing up because some gun loving website/blog is pissed about it.



No matter how many times you say it, it won't be true.

Believe it or not I am concerned not just with gun rights, but also with free speech rights, and many others.

I quoted the pro-gun story on the free speech issue only for the portion which gave the breakdown in how the Senate votes were cast, and because they were the first item in the Google search list to do so. Curiously, few of the mainstream media reports bothered to do that. Perhaps they were giving cover for their liberal buddies?

Try and stick to the subject here - this is not about guns.

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Tracking what people say is already done now.



So, since a few infringements already exist, you therefore believe that any infringement is therefore now perfectly acceptable? In other words, we should give in and let the government dictate whatever infringements they want on free speech, and not worry about it any more? Have you already thrown up your hands in surrender?

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> It's none of their business what people say to each other . . .

Do you oppose laws against spamming or robo-calling, then?



No, and there is a difference between that and what we're talking about in this thread.

Spamming and robo-calling are unsolicited intrusions into the private lives of people who didn't ask for it.

What organizations send to their members is something they've specifically granted permission for them to do, by joining the organization and expressing an interest in that advocacy.

I subscribe to certain news lists about things in which I'm interested.
I do not subscribe to spam.

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>Spamming and robo-calling are unsolicited intrusions into the
>private lives of people who didn't ask for it.

I agree. So sometimes you DO think that the exercise of free speech should be punished; I think most people would agree with that depending on what area of free speech you are talking about. Spamming is one area. Paid political ads would be another.

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>Spamming and robo-calling are unsolicited intrusions into the
>private lives of people who didn't ask for it.

I agree. So sometimes you DO think that the exercise of free speech should be punished; I think most people would agree with that depending on what area of free speech you are talking about. Spamming is one area. Paid political ads would be another.



In lieu of punishing it, we created a "do not call" list. Political calls usually concentrate on their signed constituents.
So I try and I scream and I beg and I sigh
Just to prove I'm alive, and it's alright
'Cause tonight there's a way I'll make light of my treacherous life
Make light!

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>In lieu of punishing it, we created a "do not call" list.

?? The "do not call" list is a piece of legislation that calls for punishment of people who "exercise their right of free speech" (i.e. call people at random to sell their widget.) It's not in lieu of punishment - it CREATES punishment. I think it's a good idea overall, but it certainly is antitheical to one form of speech.

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I wasn't up to speed on this, so I looked this up for some details, and it's damned hard to find a neutral discussion of it. Lots of "summaries", all of which seem to be driven by "pro" or "con" agendas, but few verbatim recitations of the language in question.
Anyhow, the provision seems to apply not to anyone who simply communicates with 500 or more people in an effort to persuade them to influence congressional legislation, but to anyone that is paid by a client to do so - much the way a professional lobbyist is paid by a client to communicate with legislators to attempt to influence legislation.

I think the intent is to close a definitional loophole which might be used to evade the disclosure laws already in place which apply to "lobbyists" who communicate with members of Congress in attempt to influence legislation. In other words, the net effect, I suppose, is to broaden the definition of what constitutes a "lobbyist" subject to the disclosure laws.

So it does not apply to the average "you and me" if we sent a political e-mail to 600 people. But if we were paid by someone else to send out that e-mail, and it could be deemed an attempt to cause people to "lobby Congress"...well, then it just might apply.

That being said, it really doesn't pass my smell test; and on balance, I think we're better off without it.

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It's none of their business what people say to each other, or what organizations say to their members.



So how do you feel about the limited sharing of insider information (regarding publicly held companies)?

Blues,
Dave
"I AM A PROFESSIONAL EXTREME ATHLETE!"
(drink Mountain Dew)

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If they can penalize you $100,000 for simply communicating with your membership, then it's not "free" speech.

.



I think you seriously MISREPRESENT the situation.

The fine is for avoiding reporting requirements, not for the communication.
...

The only sure way to survive a canopy collision is not to have one.

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>In lieu of punishing it, we created a "do not call" list.

?? The "do not call" list is a piece of legislation that calls for punishment of people who "exercise their right of free speech" (i.e. call people at random to sell their widget.) It's not in lieu of punishment - it CREATES punishment. I think it's a good idea overall, but it certainly is antitheical to one form of speech.



Hardly. It's just a reflection of the fact that telemarketing and spamming steals people's resources at no cost to the initiator, whether the recipients want it or not. Phone/disk space/fax paper/time is a finite resource for everyone.

OTOH, when the christian wingnuts takes over Sproul Plaza to exercise their right to preach to godless heathens at Berkeley, there is no measurable cost paid by the people who walk by.

Do Not Call doesn't seem to work very well in terms of campaigns though - lots of loopholes there. It's more aimed at commercial interests.

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If they can penalize you $100,000 for simply communicating with your membership, then it's not "free" speech.



I think you seriously MISREPRESENT the situation. The fine is for avoiding reporting requirements, not for the communication.



Oh, given the previous discussion, I think everyone understood what I meant. Yes, if you do a communication and don't tell the government that you did it, then they can fine you $100,000. That's not "free speech". Organizations shouldn't have to tell the government everytime they send out an e-mail. That's along the slippery slope to having to ask for permission first.

So, are you for it or against it?

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>It's just a reflection of the fact that telemarketing and spamming
> steals people's resources at no cost to the initiator, whether the
> recipients want it or not. Phone/disk space/fax paper/time is a finite
> resource for everyone.

Well, most phone calls do not cost the recipient a penny, but I agree with you in theory. It is indeed a restriction on free speech, but it is a reasonable one. (There is no way you can argue that prohibiting one party from communicating with another party in a given way is not a restriction on free speech.)

>OTOH, when the christian wingnuts takes over Sproul Plaza . . .

?? Surely you do not claim that real estate is free? But we think that "taking over" a public space for a short time for the purposes of free speech is acceptable; calling people is not.

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?? Surely you do not claim that real estate is free? But we think that "taking over" a public space for a short time for the purposes of free speech is acceptable; calling people is not.



They don't block access. And it's public space at a public university. So don't read 'take over' quite literally. Instead just that there are a lot of funny people in the wrong place with the wrong message.

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>They don't block access. And it's public space at a public university.

People sleeping there, or sewing T-shirts there, would not block access either. Yet we prohibit those activities and allow free speech because we think that free speech deserves more protection than those activities (with good reason.)

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