Represented by Adam B, myself, Matt Stoller and Duncan Black (aka "Baby Blue Cherub"), the group of us fought (alongside some allies on the Right) to preserve our independence as a medium from federal regulators and campaign finance "reformers" who tried to stifle our free speech.
One of our arguments was that political opponents would file frivolous complaints against websites in order to try and shut them down. While there's nothing that can be done about frivolous complaints, the fact that they're getting shot down so quickly gives less incentive for similar complaints.
The agency said last week it dismissed a complaint by a Hillary Clinton supporter alleging that a pro-Barack Obama blog was actually "a direct arm" of the Obama campaign, and therefore subject to campaign finance restrictions.
In its ruling, the FEC reiterated that whatever costs are incurred by running a political blog need not be disclosed as a campaign contribution. "Political blogging is exactly the type of Internet activity that the Commission exempted from the definition of 'contribution' and 'expenditure,'" the FEC stated.
The complaint was brought last October by Clinton supporter Kirk Tofte, who alleged that the blog Iowa True Blue, operated by former Iowa Democratic Party chairman Gordon Fischer, had coordinated with Obama's campaign. Tofte alleged that Fischer endorsed Obama in September, after which he began posting critical items about Clinton.
"Gordon Fischer's Web site has ceased being just another political blog," Tofte wrote in the complaint. "Since 9/24/07 it has been one hundred percent negative against Hillary Clinton."
The FEC rejected the contention that Fischer had coordinated efforts with Obama. But the agency also held that even had he done so, it would not have triggered campaign finance restrictions.
"Any coordination would have been permissible ... because the activity was specifically exempted from the definition of 'public communication,'" the FEC stated.
The author of this piece at Online Media Daily adds this line:
Still, the new rules have left room for argument.
Actually, the new rules are so crystal clear, there is zero room for argument. They are so clear, in fact, that the FEC shot down a similar complaint filed against Daily Kos last year in a shockingly fast one week from the date they received our filing (see our filing here (PDF), and the decision here (PDF)).
Anyone who knows how adjudication agencies work in the federal government can tell you that a one-week decision can only take place because there was absolutely no gray area in the new rules. They are about as crystal clear as is ever possible in the law. The fact that wankers file bullshit complaints doesn't point to uncertainty in the regulations, it just proves that wankers roam the earth.