Q: When is a blogger not just a blogger?

A: When that blogger helps candidates win an election.

That's the premise of two recent complaints to the Federal Election Commission about political bloggers, some of whom are charged with being little more than toadies for various political campaigns. Both complaints request that the FEC apply federal election rules to such bloggers so that campaigns can't simply evade spending limits by funding Internet-only attack groups. But the FEC remained unimpressed by the complaints, and yesterday ruled that in both cases bloggers had the right to do what they were doing without Commission regulation.

The first complaint was against popular leftie blog DailyKos. One John Bambenek asked the FEC this summer to look into the issue of whether DailyKos had failed to register as a "political committee." Bambenek seized on statements that the blog was out to "elect Democrats" and that it contributed at least the equivalent of $1,000 per year (in hosting fees and salaries) toward this goal. Thus, in his view, DailyKos was a political committee.

"Can a political committee avoid campaign regulations by simply organizing in the form of a blog?" he asked. "Surely not."

The FEC disagreed with this line of reasoning. The Commission tossed the complaint because it found that DailyKos was eligible for the "media exemption" to these kinds of campaign finance rules. Back in 2006, the FEC announced that it would not generally regulate blogs, and it also made clear that the media exemption set up in 1974 explicitly applied to online publications. Blog posts don't count as contributions to a candidate unless the blog in question is "owned by a political party, committee, or candidate" (regardless of earlier FUD from an FEC Commissioner).

DailyKos was understandably pleased with the decision. According to their reading of the law, "if you're doing news, commentary or editorial, and you're not owned/controlled by a political candidate, party or committee, you're exempt." The situation for bloggers is similar to that of newspapers, which can also endorse candidates without being political entities for purposes of the law.

Bloggers against Bono

The Commission also rejected a second complaint against another blogger who worked to defeat California Representative Mary Bono back in 2006. The complaint, filed by Bono's counsel, charged that the blogger in question had engaged in "fraudulent misrepresentation of campaign authority" and unreported "coordination" with a political campaign.

In dismissing this complaint, the Commission found that the blogger had received no contributions from Bono's opponent and was acting on a volunteer basis. The Federal Election Campaign Act exempts such volunteer activity from regulation.

Two decisions, two years apart, both coming to similar conclusions: the FEC has little apparent interest in regulating speech in the blogosphere unless that speech is directly paid for by a candidate. Everyone else, though, is welcome to step up to the Internet driving range, pull out a 3 wood, and tee off.