FEC Hears Bloggers' Bid to Share Media Exemption

She and others said they fear that giving bloggers those protections would create a legal loophole that corporations, unions and wealthy individuals could use to pour big money into politics. A company or union, for example, would be able to create or subsidize elaborate blogs attacking political candidates. Or it could create hard-hitting Web videos that, as the popular "Jib Jab" video ridiculing both President Bush and Sen. John F. Kerry (D-Mass.) indicated last year, can attract large audiences.

"If the FEC draws the media exemption too broadly, then it really does run the risk of eviscerating the campaign finance laws," said Larry Noble, the head of the Center for Responsive Politics. "It would potentially let a lot of corporate and labor activity using soft money, fully coordinated with candidates, to go on the Internet. It's also possible that once that starts, if the media exemption is drawn broadly that way, questions will be fairly asked: 'Well, why does that only apply to the Internet? Why doesn't it apply off the Internet?' "

Opponents of regulation responded that the FEC should be more concerned about protecting a medium that has engaged thousands in politics than with trying to ameliorate problems that may never occur. And some bloggers have taken to referring to their sites as "online magazines" -- while pointing to mainstream political pundits who have worked and raised money for candidates -- in an attempt to blur the distinctions between themselves and more traditional media organizations.

The agency could split the difference by deciding, on a case-by-case basis, which sites qualify for the exemption. But Michael Toner, the Republican vice chairman of the commission, said that would still leave many bloggers wondering whether they fell under the agency's jurisdiction.

"We don't decide, on a case-by-case basis, whether some ABC affiliate in Arizona is within the press exemption," he said. "I think the same principle needs to apply to bloggers in this country. I don't think a case-by-case approach provides much comfort."

The commission, which is evenly split between Republicans and Democrats and needs a majority vote to approve new policy, is expected to decide the issue this fall. Ellen L. Weintraub, one of the Democratic commissioners, said the FEC appears to have all but decided against regulating bloggers and is now hashing out what, if anything, it needs to do to protect them against government oversight. The FEC could give all bloggers the media exemption, or it could massage other provisions in the law to provide what some said would amount to similar protections.

But some bloggers said they won't be satisfied with anything other than the media exemption. To do otherwise, Moulitsas of Daily Kos said, would be "creating artificial distinctions between what should be media."

"Keep in mind, this isn't the unbiased, free and fair journalist exemption. It's the media exemption. It applies as much to 'The Daily Show' as much as it applies to partisan pundits as much as it applies to you at The Washington Post," he said, referring to Jon Stewart's satirical news program on cable's Comedy Central. "There's no reason why bloggers should be treated any differently."