The Democrats on the Federal Election Commission, following efforts to muzzle conservative news sites and even an anti-Obama movie maker, voted in secret to regulate conservative text messages despite a staff recommendation that the agency drop the case.
The three Democrats, in dismissing the advice from the FEC’s own legal staff, voted to punish a Virginia firm that issued anti-Obama texts days before the 2012 presidential election, a move that would have set a sweeping precedent in advance of the upcoming election.
It was part of a long campaign by Democrats to target those that use new technology to press their political views, including past efforts to regulate Google and Facebook messages, and most recently conservative news sites like the Drudge Report, and the maker of the anti-Obama movie, “Dreams of My Real Father: A Story of Reds and Deception.”
The FEC just released details of the vote taken in executive session which showed that the three Republicans on the panel blocked the united Democrats, Ann Ravel, Ellen Weintraub and Steven Walther. In a 3-3 vote, action is stopped.
A win by the Democrats would have ended a years-long stalemate over regulating political advocacy made in “small items,” which include everything from campaign buttons to Facebook messages.
The Democrats have argued that the agency is not moving quick enough to regulate online and mobile campaigning at a time when it is taking off. Republicans have argued that the Democrats only want to muzzle conservative content.
The latest case focused on a Chantilly, Va., political action committee called Americans In Contact PAC. Shortly before the 2012 reelection of President Obama, it sent out texts that read “The Obama administration perpetuated misinformation about Libya. Vote against Obama!” and “Obama supports homosexuality and its radical social agenda. Say No to Obama on Nov 6!”
The FEC’s lawyers said in an analysis stamped “SENSITIVE” that the messages did not require a political disclaimer because the short number of characters fell in the “small items” exemption. That ruling dates back to 2002 when the FEC decided that messages of 160 characters or less didn’t need a disclaimer because there wasn’t enough space to give one.
The charges against AICPAC were brought by the watchdog group Citizens for Responsibility and Ethics in Washington, also known as CREW.
In its initial response to the long-standing issue, AICPAC’s lawyer said that the CREW complaint was politically motivated against “Republicans, conservatives, pro-life and Christian organizations, candidates and those who support and sympathize with conservative, pro-life and/or Christian principles.”
Paul Bedard, the Washington Examiner’s “Washington Secrets” columnist, can be contacted at [email protected]
