June 30, 2005
6/30: The Fifth Estate
The Hotline's Blogometer takes the daily temperature of the blogosphere. For more information on the thinking behind this feature, go to the end of the story.
Yesterday afternoon the Blogometer caught the tail end of the FEC's 2-day hearings on how and whether to change existing rules regulating political activity on the Internet. The hearings arise out of an '04 opinion by D.C. Circuit Judge Colleen Kollar-Kotelly, ruling on a challenge to the FEC's implementation of BCRA by Reps. Chris Shays (R-CT) and Marty Meehan (D-MA). As More Soft Money Hard Law puts it, "Kollar-Kotelly found mostly in favor" of Shays/Meehan. That led to this latest round of hearings, as the FEC decides what to do (for more, see the Blogometer for 6/28 and 6/29; at More Soft Money Hard Law, Bob Bauer describes the 1st hearing of the day on 6/29).
The hearing we attended featured a panel (L to R opposite the commis.) of Malchow Schlackman Hoppey & Cooper consultant Michael Bassik and Eschaton blogger/"recovering economist" Duncan Black, plus ex-FEC members Trevor Potter and Karl Sandstrom.
Black, like Markos Moulitsas and Mike Krempasky yesterday, was especially interested persuading the FEC to expand the press exemption now granted to all brick-and-mortar outlets (and even some existing solely online, such as Salon). Sandstrom in particular opposed extending the exemption, calling it a "futile endeavor" to fit the old definitions into the new ones. Ex-Dean consultant/MSNBC contributor/blogger Joe Trippi was brought up as an example -- in running a campaign his actions are regulable, when solely working for the MSM they are not, nor are they (currently) at his blog. Sandstrom asked, rhetorically: "Do we determine what hat he's wearing that day to determine what rights he has?"
If the traditional press is the 4th Estate, he said, then "the Internet should be considered part of the 5th Estate.
FEC chair Scott Thomas was concerned that a blogger with substantial traffic could provide links to aid a particular campaign's fundraising -- an in-kind donation that could be worth a great deal of money to a campaign. On the other hand, Ellen Weintraub seemed to speak for the commis. when she said they had no interest in limiting bloggers' rights to republish written campaign materials.
One sticking point for the panel were the particulars of adding disclaimers to web ads -- it's simply not always feasible, to say nothing of enforceable. To illustrate, Sandstrom held up his BlackBerry, displaying a CNN logo in the corner, with no explanation of who paid for it or what country it was from (well, assuming you've never heard of CNN). Such a logo could just as easily belong a political campaign. Another was what would happen if a candidate paid for a blogger to provide editorial content; Black allowed that a disclaimer or some such regulation would be acceptable. Bassik advised them against being "too specific" in their rule-making, pointing out: "Nobody could even have predicted that blogging would be the topic of discussion today [when the earlier regs were approved]."
Ironically, several FEC members were unsure that they even had the authority to make certain changes, and FEC commish Bradley Smith asked Sandstrom and Potter if they, as former members and now representing watchdog groups, thought the FEC had this authority. Assuming that they did make changes, Smith asked Potter: "Can you promise you won't sue us? Can you promise that Senator McCain won't sue us?" Potter declined to say for sure. Things got a bit contentious when Smith noted that Potter's org. had "cast aspersions on my honesty." When Potter said they had not, Smith read the relevant section.
But that was the exception, and the mood lightened a few times. Several FEC members jokingly described blogger-specific allowances a "carve out." At one point Smith exclaimed: "Markos Moulitsas is like Cher now -- he's just Markos." Weintraub added: "It's even shorter than that -- he's Kos!" Things got a bit out of hand when someone suggested that commish David Mason could simply go by "Mas" (pronounced like the P. Diddy protege, not the corn).
More on the FEC below, and our latest Blogger Spotlight.
TRACKBACKS: Lost In A Hayes
Where the blog swarm is headed, who's taking part, and what they're saying:
- Bloggers of all partisan stripes are jumping on Rep. Robin Hayes (R-NC) for telling CNN: "Saddam Hussein and people like him were very much involved in 9/11." The liberal blogs highlight the story more than the right by about 2-1, and it makes sense -- many have argued since the beginning that the Bush admin. conflated the Iraq war and 9/11. Those on the right who link tend to be on the moderate side, and they're concerned about the credibility problem it presents.
>> Liberal Mahablog writes, Saddam had "no operational ties to the terrorists who perpetrated September 11. It was not until after we invaded Iraq, and because we invaded Iraq, that Islamic extremists began flocking to Iraq to fight us." No More Mister Nice Blog: "Rove needed a body to tell this lie, as a follow-on to last night's speech. I guess this guy either volunteered or was assigned the task. This wasn't spontaneous." AmericaBlog: "This is a big deal. The man knows better, or he should resign. He's the vice chair of the TERRORISM subcomittee in the House. Good God. And he's this much of an idiot?"
>> Conservative PoliBlog: "I am wholly sympathetic that a case can be cogently made that the war in Iraq is part of the overall war on terrorism," but Hayes stating a connection for which there is "no evidence ... simply bolsters the arguments made by critics of the war that the whole thing is based on falsehoods." Neo-libertarian QandO concurs.
>> Others linking to the story: DCCC's Stakeholder, The Sideshow; Brad Plumer; David Sirota; Ezra Klein; The Moderate Voice; MoxieGrrrl; Think Progress; Balloon Juice; Outside The Beltway; Ed Cone.
FEC: Hey, Where Did All The Bloggers Go?
In remarks the Blogometer did not see, GWU prof Carol Darr argued that leeway given to journalists means that the FEC will likely "grant the exemption widely to bloggers, or you will send it back to Congress and they will specifically include bloggers. But this broadly granted media exception contains within it an absolutely unavoidable consequence. And that is, there is no way to keep big money out of this picture. ... The issue before the FEC goes to the heart of the fundamental questions that define a democracy's relationship to a free press: Who should be treated as a journalist, and what special privileges, if any, should they receive?"
- Moulitsas replies at Daily Kos: "'Special privileges.' The 'privileged status'. Now she admits that the media exemption fits "the good, the bad, the hacks, the partisans, and the crazies.' But f--- the bloggers. Because -- why? Because it threatens the special privileges and privileged status of the press? Nah, that argument made her look like an ass the last time we dealt with this issue. Nah, the reason now is that it would allow -- gasp! -- Halliburton to start a blog! And somehow, this blog would cause the collapse of the campaign finance regime. I wish I was kidding."
- A commenter toward the top of the post opines, verbatim: "I know kos DESPISES what this woman is saying, but like you, I wonder if there could be a some reasoning behind her words. I actually CAN imagine FoxNews financing a deceptively named blog, dropping ads for it all OVER the net and the real world. Sure, kos and atrios would help US see through the BS, but with the right marketing, they could become huge with the not-so-with-it FoxNews/CNN/MSNBC watchers."
At his blog, Duncan Black offers a fairly optimistic take on the FEC hearings, prior to his 6/29 testimony: "Reading the tea leaves, my take is that enough of the commissioners are moving towards a reasonable place on this stuff, though whether they make it all the way remains to be seen. At the heart of the issue, really, is why anyone would imagine those communicating through outlets blessed by Time Warner, Disney, and General Electric should get a pass from intrusive regulation while those operating on the internets, where there are no scarcity issues and no barriers to entry, should face scrutiny. Hopefully I will help them to understand that just a bit more, though I think they're starting to get it..."
The Talent Show announces: "In order to avoid any potential pitfalls, let me use this opportunity to announce that this post will be the last one on The Talent Show blog. Starting either late today or tomorrow, I will relaunch (without any fanfare whatsoever) my new web magazine, The Talent Show. I will still be the primary writer around here, but the traditional blog posts will be replaced with articles of varying lengths and topics. I will also be replacing the comments with article specific message boards. The look of the site, the writing style, the subject matter, the content, and the technological back-end will be identical to what I'm using now, but the change (as least as far as the FEC is concerned) will be drastic. Starting tomorrow, my days as a blogger are ending and my days as a writer begin."
Black also declares that he no longer runs a blog: "Since I ceased being a blogger an hour or so ago and became the publisher/editor/chief political correspondent/cat photographer/scifi critic/media critic/missing persons expert/blogger ethics expert/janitor for an exciting new online magazine, my life has truly been transformed."
DEMOCRATS: Call From The Doctor
TalkLeft's Jeralyn Merritt: "My phone just rang. Howard Dean was on the line. I got a heads-up from Laura at the DNC about an hour ago. It was a great conversation. He explained the Dems new fundraising venture, Democracy Bonds, which launched this morning. ... I have to say, it was pretty exciting to get a live phone call from Howard Dean. I've met him before, at the blogger breakfast at the DNC in Boston last July, but this was much more special." Swing State Project got the call, too.
At Daily Kos, commenters hash out the merits of the old name, "Kicking Ass," as well as the DNC symbol's design itself.
BLOGS VS. THE MSM: Hard Times
Conservative Ed Morrissey responds to a New York Times follow-up on the Bush speech: "The New York Times eats up several column inches on what has to be the pettiest controversy of recent memory -- The Case Of The Missing Applause. ... The Fort Bragg soldiers maintained the discipline requested by their officers and the White House. Yet somehow this has become an embarrassment for the Bush administration ... If the same soldiers had greeted Bush with wild cheers and hoo-ahs, or had repeatedly interrupted the speech with cheers, we'd be hearing that the White House had secretly arranged that reception. Instead, we now have Clapgate, which doesn't have nearly the fun that such a monicker might suggest..."
William Safire's 6/29 piece in the New York Times defending Judith Miller and arguing for reporter shield laws comes in for criticism today.
- Right-leaning JustOneMinute is skeptical of the shield law: "He makes a concealed reference to the reporters in the Wen Ho Lee case, who are protecting government sources that apparently felt the government's normal powers of subpoena and arrest were insufficient, and decided to try Dr. Lee in the press. A free and inquiring press can be a check on government power, or an extension of it -- the Wen Ho Lee case does not look like an example of the sort of leak we ought to be protecting."
- Left-leaning "citizen journalist" advocate Dan Gillmor is skeptical of Miller and the shield law: "I don't agree with Safire's view of Miller, whose journalism during the Iraq war run-up was atrocious. But she is a journalist, and does not deserve what is happening to her now. The nation doesn't deserve it, either, and the trend is dangerous. We are turning the act of journalism into a crime, giving the bad guys more license than ever. The effect on citizen journalism will not be obvious, at first. But there are going to be times when everyday folks, not normally journalists, deserve the same protections that we have given the pros in limited circumstances. If the pros are this vulnerable, the citizens will be in even worse shape when push comes to shove."
IRAQ: The Next Time An Interesting Document Leaks From 10 Downing Street, What Do We Call It?
Liberal PSoTD is keeping track of which House members have endorsed an investigation of the Downing Street Memo. So far, the only names checked off are those that signed onto letters by Rep. John Conyers (D-MI) and John Kerry.
Lefty expat sci-fi author Avedon Carol: "What a coincidence. The Knight Ridder reporter who was killed Friday in Baghdad was killed by a bullet that 'appears to have been fired by a U.S. military sniper.' I don't think anyone is actually saying it out loud but you know what I'm thinking: There have been an unusually high number of reporters killed in this war and I'm tired of pretending it seems like a coincidence."
SCOTUS: So When Does Patrick Fitzgerald Start Investigating This Source? Is RedState Going To Jail?
RedState's Erick Erickson: "So, drumroll for today's edition of speculation, which is actually Monday night's speculation, but I could not release it until permission was obtained via Instant Message a short while ago. Rehnquist is out. It'll happen on or about July 5. ... POTUS is leaning toward [Michael] Luttig. If, however, O'Connor beats CJ to the White House (though POTUS & Co., Inc. does not expect her till Labor Day), we go with [Emilio] Garza first and Luttig second. If Luttig doesn't want it, we go with John Roberts next -- Rehnquist is pushing Roberts. Roberts is a Rehnquist protege. If O'Connor does go at Labor Day and women are not back on board GWB's bus (a current POTUS & Co., Inc. concern), he scraps Garza and goes with Edith Brown Clements, an under the radar conservative from the 5th Circuit. If any other spot opens, he goes with (a) Gonzales or (b) a sitting United States Senator from a state that currently has a Republican governor. Oh, and there just might be a third spot opening, but not until after January 1. Your guess is as good as mine on that one."
RedState's Josh Trevino follows up: "A completely different source from Erick's tells me that the Rehnquist rumor is pure bunk. He is dead set on being the longest-serving Chief Justice in history: 'dead set' as in he'll die in office if necessary. Also, it appears that O'Connor has just had her offices renovated for her husband's sake, so take that as you will."
BLOGGER SPOTLIGHT: Oliver!
Today the Blogometer talks to lefty Oliver Willis, author of the eponymous Oliver Willis, which carries the tagline "Like Kryptonite To Stupid."
What is your full name?
Lloyd Oliver Willis, Jr. (I have my parent's Jamaican heritage to thank for the very British sounding name).
What is your age?
27
Where did you grow up?
A combination of Silver Spring, MD; Montego Bay, Jamaica; and Fort Lauderdale, FL,
Where do you live now?
Takoma Park, MD.
What is your occupation? Have you ever worked on a political campaign or for the mainstream media?
I'm currently a web producer at media watchdog Media Matters for America. I've never worked for a campaign or the mainstream media.
When did you start blogging and why?
I started blogging when the Los Angeles-based dotcom I was working at was slowly going under in 2000. I had extra time on my hands, an internet connection, and a ton of anger about the 2000 election result.
What has been your favorite post, or favorite story to write about, in that time?
Outcome notwithstanding, the election has probably been the most fun to write about -- since it was a day in, day out battle. And on occasion, the Democrats looked like they knew what they were doing.
Describe your typical blogging schedule. And what is your average output?
It varies, depending on how angry the headlines get me. Sometimes it takes a quick blurb while other times a long, rambling essay gets the job done.
Who is your favorite political blogger? Favorite non-political blogger?
I don't have a favorite. Everyone's got their deficiencies of one sort or another. As far as non-political blogs go, Andrew Baio (Waxy.org) digs up the most fun links on the web.
Who is your favorite mainstream media columnist?
While most newspaper columnists write as if it's still 1930 and they've got the ear of the president, I enjoy Dan Froomkin's column in the Washington Post because it shows the questions the media would be asking if they weren't so defanged.
What is your favorite television news program, either network or cable?
"Countdown" and "The Daily Show." Everything else is unmitigated garbage.
What MSM-produced websites (i.e. newspapers, magazines) do you visit on a daily basis?
MSNBC, Fox News, CNN, NYT, WaPo, ABCNews.
What non-MSM websites (i.e. blogs) do you visit on a daily basis?
DailyKos, Atrios, Crooks and Liars, Pandagon, Ezra Klein, Political Wire, Balloon Juice, Raw Story, Wonkette, about 40 others.
How often, or do you ever, read a newspaper in its dead-tree (i.e. print) form?
I regularly read the Sunday Times because the web just doesn't do it justice, and occassionally I thumb through the Post Express freebies that litter the subway.
How do you see the new media and old media affecting and influencing each other in the next five years?
The new media will attempt to declare itself the hot new thing while the old media will try to jump on the bandwagon to seem hip and cool, when in reality both need each other like a parasite needs its host. Old media will become somewhat more responsive but also vulnerable to pressure attacks. Sleazy tabloid journalism will always triumph important investigative work.
THOUGHT OF THE DAY: Everyone Knows "The Jews" Actually Means "Alien Reptiles In The Illluminati"
At the Huffington Post, Richard "Bradley" Blow tries to figure out what Sen. Rick Santorum (R-PA) was getting at when he criticized "the culture" for the Catholic pedophilia scandal: "So we return to the media and the non-Catholic universities, both chock full of the people ostensibly behind all this moral relativity: Jews. Because I'm sure it's not all those other churchgoing types that Santorum blames for Boston's 'sick' culture. What Santorum is really saying then -- using all-too-familiar code words -- is that the Catholic Church child molestation scandal is really the Jews' fault."
LEST WE FORGET: Yeaaahhhhhhh!
SC-based The Right Times live-blogs the SC GOP's "Howard Dean scream contest": "Right now there are about six people here to scream. There are a gaggle of media here and a Howard Dean doll even made an appearance. The contest will start in just a few minutes." Update: "We have been informed by the State Democratic party they are calling this event 'childish.'" The judges made their decisions "based on lack of poise, loudness and originality. The highest possible score is 30. The first contestant Tim Cameron, Marietta GA, scored 26. Richard Hahn scored 30 points because of originality. The next contestant, Lanford Holloway, was a little scary so he scored 28." The Right Times updates at the end: "WE INTERRUPT THIS POST TO BRING YOU LATE BREAKING NEWS HOWARD DEAN IS NO LONGER COMING TO SC. THE 'WEATHER' FORCED THE CANCEL OF HIS TRIP."
Posted by at June 30, 2005 12:17 PM
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