Barks&Purrs wrote:
This is a content-based restriction on speechâ because it restricts speech about government officials. So the analysis of it is the content-based, 1st A analysis.
The law requires anyone who receives compensation for opinions, but not someone associated with a newspaper, who expresses an opinion to register with the government.
It is very broad and vague â it applies to a âblogâ which means a website or webpage that hosts opinion, commentary, or business content. Thatâs basically
everything on the internet, including Slowtwitch, Facebook, Twitter, Wordpress, private businesses, yelp, etc.
Weirdly, the laws says the term does not include the website of a newspaper or other similar publication. I didnât see ânewspaper or similar publicationâ defined in the linked proposed language.
The bill defines a âblog postâ is an individual webpage on a blog which contains an article, a story, or a series of stories. That sounds a lot like a newspaper or
similar publication. Most bloggers comment on current events, so they combine news with opinion. Thatâs how we introduce topics here typicallyâ would we qualify as a ânewspaper or similar publicationâ here at Slowtwitch because there is news reported?
âCompensationâ includes anything of value provided to a blogger in exchange for a blog post or series of blog posts. If not provided in currency, it must be the fair-market value of the item or service exchanged.
The definition of compensation is very vagueâ I feel compensated in goodwill, emotional support, entertainment, etc by my blogging here. Would I need to estimate the fair market value? Itâs priceless!
âIf a blogger posts to a blog about an elected state officer and receives, or will receive, compensation for that post, the blogger must register with the appropriate office, as identified in paragraph (1)(f), within 5 days after the first post by the blogger which mentions an elected state officer.â
Soâ talking about an elected official is OFF-LIMITS, unless the blogger files monthly reports, as described in great detailâ
Upon registering with the appropriate office, a blogger must file monthly reportsâŚ
The reports must include all of the following:
1. The individual or entity that compensated the blogger for the blog post.
2. The amount of compensation received from the individual or entity, regardless of how the compensation was structured.
a. The amount must be rounded to the nearest $10 increment.
b. If the compensation is for a series of blog posts or for a defined period of time, the blogger must disclose the total amount to be received upon the first blog post being published.
Thereafter, the blogger must disclose the date or dates additional compensation is received, if any, for the series of blog posts.
3. The date the blog post was published. If the blog post is part of a series, the date each blog post is published must be included in the applicable report.
4. The website and website address where the blog post can be found.
(4) Notwithstanding any other law, a magistrate is
authorized to enter a final order in determination of the reasonableness of circumstances for an untimely filing of a required report and the amount of a fine, if any.
(5) Each house of the Legislature and the Commission on Ethics shall adopt by rule, for application to bloggers, the same procedure by which lobbyists are notified of the failure to timely file a report and the amount of the assessed fines. The
rule must also provide for, but need not be limited to, the following provisions:
(a) A fine of $25 per day per report for each day late, not to exceed $2,500 per report.
(b) Upon receipt of an untimely filed report, the amount of the fine âŚ
Bottom line: this law is yet another piece of GOP excrement.
I don't think it applies to everything on the internet since I (and the vast majority of folks) certainly don't get compensated for my (our) ramblings.
But what a shyte law. No way could this be enforceable. How would they enforce this on someone that lives in another state/country?