Political Activity on the Internet
I am very pleased to be chairing today's hearing on political speech and the Internet. The Internet is potentially the greatest tool for political change since the Guttenberg press. It empowers the ordinary citizen to become a publisher, a broadcaster, or a political commentator with a worldwide audience. It is an extraordinary tool for citizens seeking to organize with like-minded people to exercise their First Amendment freedom to petition the government and speak out on elections and issues. The Senate has devoted a great deal of time to discussing the commercial impact of the Internet and the new challenges and opportunities it poses for business and commerce. Issues such as e-commerce, e-signatures, and Internet security have been discussed--particularly by the two Senators joining us today, Senator Bennett of Utah and Senator Burns of Montana. But the revolutionary challenges and opportunities the Internet creates for our political system have not received much attention in the Senate, until today.
Recently, in Reno v. ACLU, the Supreme Court acknowledged the unique nature of the Internet and ruled that communication over this medium is entitled to the highest level of First Amendment protection. The Court explained that the Internet is a:
"dynamic, multifaceted category of communication [that] includes not only traditional print and news services, but also audio, video and still images, as well as interactive, real-time dialogue. Through the use of chatrooms, any person with a phone line can become a town crier with a voice that resonates further than it could from any soapbox. Through the use of webpages, mail exploders, and newsgroups, the same individual can become a pamphleteer."
The Internet impacts all of the key players in our political process. This year's presidential race has already provided a glimpse of the effect the Internet is having on American politics. Since the beginning of the primary season, presidential candidates have sought to communicate with voters through elaborate websites. Many candidates have utilized the Internet for fundraising via their own websites, Internet advertisements and e-mail solicitations. Candidates have also interacted with voters thru Internet chatrooms. And one candidate, Governor George W. Bush, is using his website not just for his own benefit, but as a vehicle for reform. By expeditiously disclosing contributions on his website, Governor Bush is making his campaign the most transparent presidential campaign in history. He is setting a new standard for public disclosure, going above and beyond anything required by the Federal Election Campaign Act or the Federal Election Commission.
We have with us today, two distinguished Senators who are leading the way to protect political freedom by proactively seeking to shield Internet speech from those who equate speech suppression with reform. I want to take a moment to applaud Senators Burns and Bennett for their work on this vital matter. And I am proud to join them as an original co-sponsor of the "Internet Freedom Protection Act." This legislation seeks to ensure that the reform industry and its allies cannot stifle political activity on the Internet by subjecting to government regulation, discussion of politics through citizens' websites, e-mails and chatrooms. Fortunately, since we introduced that bill last October, even some in the reform industry, such as Common Cause, have realized that the American public will not let them gag political speech on the Internet in the name of campaign finance regulation. They have wisely chosen to follow our lead in working for minimal regulation of the Internet. Unfortunately, there are still those in the reform industry who have not committed to protecting the right of citizens to engage in political activity over this revolutionary medium.
We are also honored to have with us today, two members of the Federal Election Commission who are champions of Internet political freedom. They have shepherded through the FEC some admirably restrained and enlightened advisory opinions on this subject in the past few months. But it must be remembered that FEC Commissioners are now term-limited. Thus, the composition of the FEC can change radically in a short time. Therefore, I think it best to codify Internet political protection.
We are at the advent of a revolutionary communications medium. We cannot be entirely certain of its ramifications for the future, but I expect they will, to say the least, be significant. Where politics is concerned--locally, nationally, and globally--the Internet era will surely be exciting.
I would like history to show that the Senate Rules Committee and the Congress embraced the Internet's potential for political participation. And that we halted efforts to stifle this forum for citizens and groups to more fully exercise their First Amendment freedoms.
With that, I look forward to hearing the testimony of our witnesses.