PRESS RELEASE
Wednesday, March 20, 2002
Contact: James Bopp, Jr., General Counsel
Phone 812/232-2434; Fax 812/235-3685
jboppjr@bopplaw.com, www.jamesmadisoncenter.org

James Madison Center to Testify Before the
Federal Election Commission on Internet Campaign Activity

On March 20, 2002, James Bopp Jr., General Counsel for the James Madison Center for Free Speech, will testify before the Federal Election Commission regarding its proposed regulations concerning Internet campaign activity.  The proposed regulations would limit the First Amendment rights of individuals and corporations to express their political views on the Internet.

The regulations, 11 C.F.R.  117.1 - 117.3, attempt to clarify the application of the Federal Election Campaign Act to a variety of Internet campaign activities.  Specifically, the Commission explains that a majority of individual Internet campaign activity is free from regulation.  Likewise, the proposed regulations would add provisions detailing how corporations and labor organizations may use hyperlinks and Internet endorsements of candidates without the communication being regulated as a contribution, expenditure, or being prohibited entirely.  

The James Madison Center for Free Speech applauds the Commission's first proposed regulation, 11 C.F.R.  117.1, but notes that the rule would regulate an individual's use of "home office" equipment supplied by a corporate employer.  In his testimony, Mr. Bopp explained that the regulation "may effectively silence or hinder the political speech of citizens who are given corporate resources as part of a compensation package."  The Commission's proposed regulations should be modified to account for this.  

The Commission's second and third proposed regulations, 11 C.F.R.  117.2 - 117.3, attempt to unconstitutionally regulate Internet campaign activity of minimal value.  Section 117.2 proposes limits on words of express advocacy in or around hyperlinks while  117.3 limits corporate and labor organizations' use of candidate-endorsement press releases.  Mr. Bopp noted that the "rationale behind limiting corporations and labor unions from engaging in express advocacy is to protect the electoral process from corruption by limiting the influx of such organizations' money into the political marketplace."  Mr. Bopp went on to explain that "the costs of hyperlinks and Internet press releases are de minimus" and should not be regulated because they pose no threat of corruption to the American electoral process.  Additionally,  117.3 places unnecessary restrictions on corporations and labor unions   requiring them to post certain press releases in the "same manner as other press r

The James Madison Center for Free Speech salutes the use of the Internet as an effective means of political expression by individuals, corporations, and labor unions.  Mr. Bopp explained that the "costs associated with speech on the Internet are minimal," producing a medium where all voices are heard and the threat of monopolization by corporate and labor union giants is eliminated.  Because the threat of corruption to the American electoral process through corporate and labor union Internet communications is substantially low, the Commission should revise its regulations to reflect this fact.  

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