Online Political Opinions Don’t Need Regulating

[Commentary] A decade ago, the Federal Election Commission debated whether it should regulate political communications posted on the Internet. The commission unanimously approved a rule in 2006 that freed the vast majority of political commentary on the Internet from regulation. That Internet freedom rule exempted all political commentary that citizens and groups distribute online free, whether in email or on websites, blogs or various social media platforms. The commission retained jurisdiction over two limited areas: political campaigns, parties and political-action committees that post communications on the Internet; and anyone else who posts express electoral advocacy online for an advertising fee -- like a paid advertisement placed on television or in a newspaper.

The FEC should not only adhere to the 2006 rule but also expand Internet freedom, for several reasons. First, for the low cost of a personal computer and a monthly Internet-connection charge, citizens can reach millions of people. Second, the FEC has no authority to regulate political speech for the sake of limiting speech, but only with regard to large monetary contributions and expenditures with corruptive potential. Third, citizens voluntarily seek the viewpoints they want to hear on the Internet. Government should not impose regulatory burdens that restrict the political information citizens choose to view. Finally, how would the FEC ever monitor the Internet to cull posts meriting investigation?

[Goodman is a commissioner and former chairman of the Federal Election Commission]


Online Political Opinions Don’t Need Regulating