In response to the post Court Closes the “Michael Moore Loophole”?, Terry Howard writes:

Was reading your most recent post about campaign finance reform and how it relates to private citizens generating “issue oriented” content. This is such a slippery slope, on all sides, that I think the judges and congress should be more worried about than us as private citizens. These guys are still thinking about content distribution and ad placement in terms of quaint methods they can wrap their heads around. How do they plan to apply such decisions to web distribution? What about hybrids like CurrentTV? What about YouTube on your TV via AppleTV? Do people have to give equal time on their blogs and social networks? Podcasts? RSS feeds? Twitter?

Further, as an internet marketer I am really curious to see how they ever plan on extending their reach into the numerous platforms of ad distribution: paid search, organic search, banners, email, pay for post, mobile marketing, embedded ads in video, viral marketing, guerrilla marketing, flash mobs... I could go on for hours, and that’s the point. Are these guys who think of the internet in terms of tubes really ready to delve into that world? They are ill equipped to wade into the pool beyond radio, TV and print, and quite frankly, two of those three are all but off the table for most promotional purposes and TV is quickly becoming unattractive as other methods offer vastly superior ROI. They are making bad decisions that won’t even apply to reality by the time they finally pass anything legislatively.

You can’t control political speech and advertising with today’s technology any more than you can lasso the moon. Whether it should be done or not becomes a moot point then.

I agree that political speech will be harder to regulate as media becomes more fractured and decentralized. But I wish I thought that meant politicians and bureaucrats wouldn’t try. If anything, the seeming chaos of the cacophony of individual voices in online media will probably lead some people to start arguing for tighter controls on political speech.

So as long as speech regulations are pitched as something else—such as campaign finance reform—it ends up getting supported by people who don’t pay much attention to politics but casually believe campaign finance needs reforming. And unfortunately, people have a tendency to care a lot less about free speech when it isn’t theirs being stifled.

It is interesting that, by and large, the editorial pages of the nation’s newspapers supported the McCain/Feingold political speech limitation bill. The fact that the legislation limited the speech of other private citizens—and not newspaper editorial writers—probably didn’t hurt. After all, in a world with less political speech, the power of a newspaper editorial writer is enhanced. Faced with a media environment where more people are getting news online and from independent voices, a cynic might say that newspapers saw campaign finance reform as the McCain/Feingold Endangered Editorialists’ Protection Act.

Being embedded in an old-media business, the ink-and-paper columnists might not have seen the regulations as a direct threat to their speech. But that’s only because they’re confusing their product—words and images—with the physical carrier of their product.

By encouraging the government to regulate political speech differently based on the employment status of the speaker and the medium in which the speech is conveyed, myopic editorialists have guaranteed that busybody bureaucrats will eventually try to tie down whatever medium those newspaperites flee to once the last inch of their sinking paper ship is finally dragged beneath the surface.

Whether they be political activists or not, if private citizens, like the folks who formed Citizens United, do not have the right band together to engage in political speech during certain times of the year, then the First Amendment is just a part-time right afforded to only part of the citizenry.