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My Left Nutmeg

A Bad Idea

by: mattw

Tue Feb 27, 2007 at 23:31:11 PM EST


(Bumped - promoted by Matt Browner Hamlin)

Maura brought this classy piece of work to my attention, to be debated tomorrow at GAE, which will stop any

television advertising, Internet video or Internet audio, or radio advertising communication that promotes the defeat of any candidate's campaign for nomination at a primary (A) if such communication contains an altered or fabricated representation intended to promote the defeat of a candidate for public office, and (B) unless such communication includes a valid citation for each vote, quote or stated position or opinion ascribed to such candidate;

I wonder if editing a minute-long clip of a longer interview would qualify as "altering" the representation. Note also that this particular provision only impacts those making video or audio for non-federal primary elections.

The bill official title is "An Act Concerning Accountability In Campaign Advertising" - but I think its informal title will be the "Jimmy Amman Crushes his Competition Act of 2007."

Oh go on, you know it's worth seeing again. What's better, one of the original sponsors of the act is disgraced Liebercrat Bill Finch.

On a more serious note, it looks like one of the first election laws that really target campaign bloggers, giving legal challengers what I'd imagine is a legal standing to force campaigns to disclose conversations they have with bloggers.

The text of the (proposed) law makes several references to those making web-based appeals for donations or advocating for or against specific candidates in "consultation with" any given campaign, which would seem to require some level of official disclosure from anyone commenting for or against candidates online, or posting a donation link.

It'd certainly regulate how we do things around here, and political bloggers in CT would at the least be wise to consult a lawyer should this proposal become law. There'll probably be a lot more to say as this develops.

UPDATE 2: For those unfamiliar with Senator Finch's pro-Joe/anti-blogger bonafides, see his running fight with ConnecticutBlog, as well as this Dangerstein-like quote from last year's primary season:

While I believe that the internet is an amazing tool, I must admit it has it's drawbacks. Recently, someone contacted my office to make an inquiry into a particular position of mine in one of the upcoming primaries. When my aide responded in a timely fashion, accurately stating my position, he was quoted on a blog as me. While I support the efforts of my aide, I would have appreciated the opportunity to respond to something that was going to be quoted myself.

It is this type of deceptive, irresponsible use of the internet that will prevent bloggers from being taken seriously when it comes to getting information out to the media. My aide knows my positions, and does a good job of relaying them when asked. As a rule, however, if anyone wants an official quote, they should always contact the source of the quote instead of sandbagging a staffer by failing to disclose the true nature of the inquirers question. I will always answer questions in as forthright a manner as the questioner poses it.

This is what Bill Finch calls deception: reproducing a quote from a call to his office.

UPDATE 1: User mas notes in comments that the reference to regulating internet audio/video only in a primary is probably a drafting error that will be fixed if the bill goes forward, and notes this definition that I glossed over for some reason:

"(NEW) (29) "Altered or fabricated representation" means the visual or auditory representation of a candidate that is (A) altered such that the effect is to portray an individual other than such candidate or an image significantly different from that of such candidate, or (B) an individual, other than the candidate, who is posing as the candidate."

This would seemingly make video like the "Speaking for Bush" ad or audio like the "Sick Day / Impacted Wisdom Tooth" ad out of bounds, but from what mas describes, it'd be a stretch to apply this proposal to simple editing.

mattw :: A Bad Idea
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A Bad Idea | 15 comments
Laughable (0.00 / 0)
From a constitutional law standard, this bill is laughable. Might as well have called it "Criminalization of CTBob Act [Retroactive to Certain Democratic Primaries Occurring in the State of Connecticut On a Very Hot Day in August]".

Gee, make ONE Jim Amann as Tony Soprano joke... (0.00 / 0)
...and they pass a law against it!  Sheesh, I guess I'll have to be more careful...

NOT!!!

Connecticut Bob


[ Parent ]
Co-Sponsors: Sen. Looney and another Looney Senator (0.00 / 0)
...Bill Finch, 22nd Dist.

Which goes back to the infamous Bill Finch-ctblogger dustup from last July, recounted here:

http://connecticutblog.blogspot.com/2006/07/senator-bill-finch-accuses.html

and here:

http://www.myleftnutmeg.com/showDiary.do?diaryId=1913


I was at the LOB today (3.00 / 1)
It looks like Sen. Finch's legislation is NOT getting any support  in committee and he's also pissing alot of Dems off with his very weak leadership in the Environment committee on top of this.

 


[ Parent ]
Putting things in contect... (0.00 / 0)
Mattw makes a couple of points that need a little clarification.

1) Section 1 clearly states the definition for "altering" as:

"(NEW) (29) "Altered or fabricated representation" means the visual or auditory representation of a candidate that is (A) altered such that the effect is to portray an individual other than such candidate or an image significantly different from that of such candidate, or (B) an individual, other than the candidate, who is posing as the candidate."

EG: Nnacy Johnson's representation of Chris Murphy going door-to-door and not editing a speech down to the pertinent parts.

2)Mattw's note about the law only effecting "primary" elections is the exception in the text - in a newly written section.  Anyone think that the committee clerk failed to include similar/consistent language from the existing law?  All other references to election cycles is stated as "campaign for nomination at a primary or election"

3)The intent of this re-working of the law is for full disclosure by campaigns, committees, and candidates. 

If you are a blogger, and are writing under an agreement with a campaign or candidate or committee - then this applies to you.  If you are a blogger, writing on your own or reporting or editorializing on events - none of this has any effect on you.

4) Mattw is right to consult a lawyer IF you are going to publicly solicit donations for any entity on your blogs.  This is definitely a grey area.  Technically, if you have a link to donate to a specific campaign, candidate, committee you have an agreement to post the link and thus an agreement with the campaign, candidate, committee.

The GAE Committee is meeting today at 11:00 AM in room 2-B LOB. 

** Also in this hearing, Raised bill #1310 has the proposed changes in language to move the date of petitioning third party nominations to 98 days prior to the general election.


Unless a contract is signed between a blogger and campaign (0.00 / 0)
the blogger is a free lance citizen supporter and the First Amendment should apply.  Having a link to a campaign does not put one on the campaign's payroll or under it's organization.  Many blogs have links to multiple campaigns.

I could definitely see this law challenged in court as infringing on bloggers' First Amendment rights.


[ Parent ]
Yeah (0.00 / 0)
That was part of my concern: it does seem to extend regulation past simple disclosure of expenditures. If a blogger isn't getting paid by a campaign, then I don't see why their activities should be of interest to election regulatory commissions. This does nibble away at the edges of those definitions in a way that would probably attract legal challenges.

–7.25 / –7.28 | http://imgs.xkcd.com/comics/tw...

[ Parent ]
How About The Campaigns' First Amendment Rights? (0.00 / 0)
This is clearly unconstitutional even if applied only to campaigns.

[ Parent ]
Kos mentions this diary on his Midday Open Thread (0.00 / 0)
Memories! (0.00 / 0)
Pretty smart blogger. Finch has now pissed off many of constituents by calling Mary Baker Eddy a nutcase. There was even a long, involved, emotional reaction letter from a non-member of the Christian Scientists in the CT Post.

Unfortunately, not online.


I KNEW Lorenzo was at the bottom of this!!!! (0.00 / 0)
State Senator Bill Finch update

It's been one week since State Senator Bill FInch made the outrageous claim that ConnecticutBLOG and my readers "sandbagged" him and his staff. After I carefully showed that the charge from Senator Finch was wrong, I requested (via my post), a retraction from Senator Finch and/or his staff but as of today, there has been no further posting on Finch's site nor have I heard anything from his office.

Well, maybe we did hear something...



Oh, you sneaky readers, you almost had me there. For a second, I thought this was from Senator Finch himself, with the handwriting being so close and everything...

Senator, I'm not out to bash or sandbag anyone...what I am asking (as a registered Democrat) is just an answer to this very simple question:

Will you support the Democratic nominee for Senate?

Although the claim that you made about me on your site has been debunked by myself and several other local and bloggers/readers, you still refuse to issue a retraction nor have you answered my rather simple question.

This is quite disappointing.

The people of Connecticut who read this blog deserve to hear from you on this matter. Do you support the will of the people in Connecticut who will be voting this August and agree to back whoever wins the primary? Will you retract your unfair characterization you made about this blog and the reader who initially contacted your office seeking an answer to my simple question.

Please leave a comment at Senator Finch's blog and ask him why he hasn't responded to my requests for a retraction and an answer to my simple question.

I just don't understand why something so simple has to be so hard.

posted by ctblogger @ 3:30 PM Comments (3) | Trackback

Yes, Sen. Finch (or an aide) said that he supported Joe - to me in an e-mail. I guess that the Senator later decided that it wasn't good press, and my skanky sunflower did this.

Lorenzo, you are so grounded!!! I don't care if it happened last year!!!

P.S. I believe that the Senator still supported Joe up to and including the election.


Sorry, link (0.00 / 0)
Trackback URL for this entry:
http://haloscan.com/...

We here are trying to forget this little matter happened. Sorry, CT Blogger.


Soon to be outlawed (4.00 / 3)
At least for anyone acting in "cooperation" or "consultation" with a state campaign.  Also would be illegal for a campaign to post as is to their blog.  No more satire for you!



Constitutionally questionable. (0.00 / 0)
It is good that this diary, where it says "this classy piece of work" at the top of the diary, links to the wording of the bill, itself.

The part that says this

"Altered or fabricated representation" means the visual or auditory representation of a candidate that is (A) altered such that the effect is to portray an individual other than such candidate or an image significantly different from that of such candidate, or (B) an individual, other than the candidate, who is posing as the candidate.

seems to go so far (in A) as to prevent the ads like the one in which Joe Lieberman's voice was played to the visual of George Bush speaking.  B does seem directed at ads like the Johnson ads with a guy posing as Chris Murphy.  A law that does either would seem unconstitutional or, at best, an extraordinarily intrusive government action.  It is very dangerous to have any laws that regulate the content of what one is allowed to say, especially in an electoral campaign.

Of course, even something like this were passed and held constitutional, would it apply to all bloggers?  The parts with the real teeth on this topic say

No individual shall make or incur any expenditure...

So, what if you don't pay for where you're blogging?  Does it apply?

Either way, the headline is right.  It's a really bad idea.

Plebicola


A Bad Idea | 15 comments
 
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