FEC's fines likely to stifle freedom of speech

Recently, the Federal Election Commission fined MoveOn.org, the Swift Boat Veterans for Truth and two other groups a total of $629,500 for violating campaign finance laws during the 2004 election. According to the FEC, these "527" organizations (so named for the tax-code provision governing their activities) ought to have registered as political action committees, which would have limited their ability to receive large donations and, in the case of MoveOn and the Swifties, probably would have shut both groups out of the 2004 election altogether.

For decades, only groups that contributed directly to candidates, coordinated their activity with candidates or "expressly advocated" a candidate's election or defeat in public advertising (with phrases such as "support" or "vote against") qualified as PACs. But in a landmark ruling, the FEC held that even if the Swifties and MoveOn stopped short of using such magic words in public, they were PACs because their fund raising "clearly indicated that the funds received would be targeted for the election or defeat of specific federal candidates." Each group decided to pay rather than take on the government in court. The FEC warns that future fines will be more severe.

What did the groups really do wrong? Did they bribe or corrupt politicians? Well, no. You won't find "Duke" Cunningham, William Jefferson or Bob Ney connected to MoveOn or the Swift Boat Veterans. Did they make illegal contributions to campaigns? Well, no again. Did they seek special favors or illegally coordinate their efforts with candidates? No. The FEC admitted that, after a "thorough" investigation, it found no evidence that any of the groups operated in concert with candidates or sought legislative favors.

The elitist cognoscenti in Washington, who support anything they think will take money out of politics, are pleased, huffing only that the fines are too small. The FEC admitted to going easy on the groups, given the "uncertainty" in the law. In my view, there is no uncertainty — the groups did not violate the law at all.

But these groups aren't being punished for making errors in their filing papers. They're being punished for criticizing politicians. Now, it's natural that politicians don't like that and might pressure the FEC to shut their critics up — the FEC reportedly acted in part because of pressure from Congress and a lawsuit brought by Reps. Christopher Shays and Martin T. Meehan — but why should ordinary citizens feel offended by criticism of public officials? Shouldn't we be more upset by efforts to silence criticism of public officials?