Everyone is talking about Bradley Smith's CNET interview talking about the end of blogs.
How can the government place a value on a blog that praises some politician?
How do we measure that? Design fees, that sort of thing? The FEC did an advisory opinion in the late 1990s (in the Leo Smith case) that I don't think we'd hold to today, saying that if you owned a computer, you'd have to calculate what percentage of the computer cost and electricity went to political advocacy.
It seems absurd, but that's what the commission did. And that's the direction Judge Kollar-Kotelly would have us move in. Line drawing is going to be an inherently very difficult task. And then we'll be pushed to go further. Why can this person do it, but not that person?
Yeah, right. That's like threatening, "We're going to be forced to value the depreciation your car suffers when you put a political bumper sticker on it, and then we are going to charge the depreciation to the campaign."
I'll leave you with two words: strict scrutiny.