Prior to 1974 “FREE PRESS” was the Right of every U.S. Citizen. We did not have to register with ask permission of or report to a state or federal agency to distribute political handbills endorsing or opposing candidates or promoting political ideas. That was the America I grew up in!
Campaign finance laws define "We The People" as the "regulated classes" and the "institutional press" as the "exempted classes". Our state and federal constitutions enumerated "free press" as the "RIGHT" of "We The People"!
The Federal Press Exemption 2 USC 431 (9) (B) (i) The term "expenditure" does not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; 2 U.S.C. 431 (9) (B) (i) defines "free press" as the "unregulated Right" of "Media Businesses. U.S. Citizens, political parties and political organizations are the "Regulated Classes"!
Campaign Finance Law Is A Body Of Law built on a Statutory Definition Of Free Press As An Exclusive Right Of Business.
Regulated Community Included below an excerpt from Mitch McConnell's July 8, 1998 letter to his constituent Richard Lewis Section 431(9)(B)(i) makes a distinction where there is no real difference: the media is extremely powerful by any measure, a "special interest" by any definition, and heavily engaged in the "issue advocacy" and "independent expenditure" realms of political persuasion that most editorial boards find so objectionable when anyone other than a media outlet engages in it. To illustrate the absurdity of this special exemption the media enjoys, I frequently cite as an example the fact that if the RNC bought NBC from GE the FEC would regulate the evening news and, under the McCain-Feingold "reform" bill, Tom Brokaw could not mention a candidate 60 days before an election. This is patently absurd.
On COORDINATED SPENDING REGULATIONS FEC OPEN MEETING - NOVEMBER 16, 2000 I understand that the usual critics of the FEC and its staff – among them the Brennan Center, Common Cause, and Democracy 21 – will complain that these regulations will make it more difficult to prove coordination. But the mere fact that a regulation sets forth a standard that provides broad protection to what we euphemistically call "the regulated community" (i.e., the American people), does not mean that the standard is wrong or unrealistic. It simply affirms that there are other important values at stake. Here those values are obvious – the right of Americans to engage in political discussion and activity and to petition their representatives for a redress of grievances.
LIVING PERSONS: In the ERA that our First Amendment was adopted "Enumerated Rights" existed only for "Human Beings".
Corporations were Not recognized as legal [p]ersons in the United States prior to 1896. [ pages 347-359 Who Will Tell The People paperback by Willam Greider ]
INFORMED CONSENT IS THE FOUNDATION OF U.S. Law
KENTUCKY BILL OF RIGHTS Section 8. Freedom of speech and of the press. Printing presses shall be free to every person who undertakes to examine the proceedings of the General Assembly or any branch of government, and no law shall ever be made to restrain the right thereof. Every person may freely and fully speak, write and print on any subject, being responsible for the abuse of that liberty. Text as ratified on: August 3, 1891, and revised September 28, 1891. History: Not yet amend
Section 26. General powers subordinate to Bill of Rights – Laws contrary thereto are void. To guard against transgression of the high powers which we have delegated, We Declare that every thing in this Bill of Rights is excepted out of the general powers of government, and shall forever remain inviolate; and all laws contrary thereto, or contrary to this Constitution, shall be void. Text as ratified on: August 3, 1891, and revised September 28, 1891. History: Not yet amended
The Kentucky Legislature Has made Four Attempts To Define “Free Press”As An Exclusive Right of Media Businesses. HB 750 in 2000, Senate Bill 159 in 2007, Senate Bill 8, in 2008 Senate Bill 62 in 2009 They Did Not Inform Or Seek Our Consent !
In 1999 Michael Lewis, John Riley and Richard Lewis filed complaints with the Kentucky Registry of Election Finance alleging that the Courier Journal and Lexington Leader had failed to register and report their political endorsements to the Registry. This was a portion of the response by the Courier Journals attorney. “And, that what these complainants are requesting of the Registry today is as offensive as anything could be to the 1st Amendment of the United States Constitution .” Remember Freedom Of The Press Was The Right of Human Beings, “Living Persons” before Businesses Were Recognized In U.S. Law As Legal Persons!
What is a press or media exemption? [1] It is a law that exempts some “legal persons”, newspaper, magazine and broadcast businesses from campaign finance laws. These “legal persons” are not required to register with and report their funding and political activities to the Kentucky Registry of Election Finance and the definitions of independent expenditure, in kind contribution, express advocacy, coordination and issue advocacy do not apply to their political activities! [2] it is a law that defines “living persons”, as “regulated classes” and requires them to register with and report their political activities to the Kentucky Registry of Election Finance. The definitions of independent expenditure, in kind contribution, express advocacy, coordination and issue advocacy restrict and regulate their political activities.
THE FIRST AMENDMENT TO THE U.S. CONSTITUTION [1] Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Passed by Congress September 25, 1789. Ratified December 15, 1791.
Congress Shall Make No Law Meant That Congress Left The Definition Of a Free Press to The States.
In 1974 using Watergate as an Excuse: Congress Violated The First Amendment and Passed a Statute Defining Free Press as The Exclusive Right of "Legal Persons" Specifically Newspaper and Broadcast Businesses, Periodic Publications and Magazines. This Law Is Commonly Referred to As The Press Exemption 52 U.S. Code § 30101 – (9) (B) (i) Definition Formerly found at 2 U.S.C. 431 (9) (B) (i)
Not until the 1974 Amendments to the Federal Elections Campaign Act (FECA) did the federal government pass a campaign finance law with any serious enforcement mechanism. Testimony By Bradley A. Smith February 27, 1997 Committee on the Judiciary
And it was also this law which, for the first time, gave us both contribution limits and, as a necessary accessory to those limits, the strange doctrines of independent expenditures and express advocacy. Testimony By Bradley A. Smith February 27, 1997 Committee on the Judiciary
The Statutory Definitions of Independent Expenditure and Express Advocacy in combination with the Statutory Definition of "Free Press" as An Exclusive Right Of Business Rather Than a "Right" of "Living Persons" Is the Foundation of Campaign Finance Law.
KENTUCKY BILL OF RIGHTS Section 8. Freedom of speech and of the press. Printing presses shall be free to every person who undertakes to examine the proceedings of the General Assembly or any branch of government, and no law shall ever be made to restrain the right thereof. Every person may freely and fully speak, write and print on any subject, being responsible for the abuse of that liberty. Text as ratified on: August 3, 1891, and revised September 28, 1891. History: Not yet amend
The Truth: The commercial media did not support federal campaign finance reform until their lobbyist convinced congress to exempt them from the regulations that would restrict every living U.S. Citizen, political party and political organization's press rights!
The so called "fourth estate" did not defend equal "unalienable press rights" of their readers, viewers and listeners and they did not act as a watchdog of government when they failed to inform the public how the proposed "press exemption" would strip them of the "press rights" they had enjoyed for 184 years.
Noah Webster, An Examination into the Leading Principles of the Federal Constitution, October 17, 1787: [1] It is alleged that the liberty of the press is not guaranteed by the new constitution. But this objection is wholly unfounded. The liberty of the press does not come within the jurisdiction of federal government.
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