The Federal Election Commission announced today that it has unanimously resolved two complaints alleging that Internet blog activity is subject to Commission regulation, finding that the activity is exempt from regulation under the media or volunteer exemption.
In Matter Under Review (MUR) 5928, the Commission determined that Kos Media, L.L.C., which operates the website DailyKos, did not violate the Federal Election Campaign Act. The Commission rejected allegations that the site should be regulated as a political committee because it charges a fee to place advertising on its website and it provides “a gift of free advertising and candidate media services” by posting blog entries that support candidates. The Commission determined that the website falls squarely within the media exemption and is therefore not subject to federal regulation under the Act.
Now the question is will Washington state, which is considering regulating blogs, smart enough to follow suit? I doubt it. Fortunately I am too small to draw any notice and I don't participate in any revenue generating schemes other than Amazon Associates which has yet to generate any money so I am probably safe. At least I hope so I don't want to spend the vast Chad estate (essentially a jar of change on my kitchen counter) on First Amendment legal challenges.