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Blogger law slippery slope for press freedoms

It is ironic that I’m writing this week’s column about proposed new restrictions for political bloggers on, this, National Sunshine Week. The week comes around each March to raise awareness of the importance of open government and to promote dialogue on the impact of excessive official secrecy.

A Florida lawmaker’s proposal that would require bloggers who write about Florida politicians to register with the government is raising First Amendment concerns.

It should.

If passed, the legislation proposed by Sen. Jason Brodeur of Lake Mary in the “Sunshine State” (how’s that for irony?) would force bloggers who write online columns about the Florida governor, lieutenant governor, cabinet members or legislative officials to file routine government reports itemizing who pays them, how much they are paid and where the blog is located online. If they don’t file, they face daily financial penalties that could grow as high as $2,500 per report.

While the new Florida legislation wouldn’t necessarily place new limits on public access to government records, it would create new intrusions on freedoms our founders created expressly for the press. Our forefathers certainly understood the value of a free press as the fourth estate to watchdog inner workings of government.

Today, frustrations are growing (whether justified or not) in how the news media covers government, leading some to seek new ways of controlling how news is reported.

Now, to be clear, the new legislation would not apply to content on “the website of a newspaper or other similar publication” — at least for now. I presume that’s because bloggers come as easier targets since many operate independently without the more significant backing that larger news organizations offer.

That could be considered a bully-like swipe at the little guy.

Of course, others might argue it holds accountable “wannabe” journalists who raise criticisms sometimes without justification.

Personally, I call it a slippery slope.

So, what does the American Civil Liberties Union of Florida call it? “Un-American to its core.”

“This is a clear violation of the First Amendment because it strongly discourages bloggers from speaking on politics — one of the most critical types of speech for maintaining a democracy,” the group said in a statement.

Even Newt Gingrich, prominent Republican and former U.S. House Speaker, called it “insane.” That’s of particular interest since the Florida lawmaker who introduced the legislation is a fellow Republican.

“The idea that bloggers criticizing a politician should register with the government is insane,” Gingrich Tweeted. “It is an embarrassment that it is a Republican state legislator in Florida who introduced a bill to that effect.”

Other First Amendment groups also have argued the proposal violates press freedoms.

“The only thing that I can see is that it’s an attempt to limit and control free speech,” said Bobby Block, executive director of the First Amendment Foundation. “It’s an attempt to bring critics to heel, and it’s an attempt to make sure that people who want to talk about you think real hard before they do so.”

The bill’s sponsor justifies the legislation by explaining it is aimed at bringing transparency to blogs that advocate or lobby for specific causes. The text of his bill states that it would apply to any blogger paid to write about elected officials in Florida and “would give voters clarity as to who is influencing their elected officials.” Brodeur calls it “an electioneering issue, not a free speech issue.”

But a hint that this is more about attacking media than it is about protecting elections is the fact that Brodeur also is sponsoring a separate bill making it easier to sue media for defamation, a proposal pushed by Florida Gov. Ron DeSantis.

Let’s face it, in free enterprise like we have in America, journalists already are held accountable to provide verifiable or accurate information by threat of civil litigation and the understanding of the value of credibility that is fragile and quickly lost.

And, just in case you’re wondering, Sunshine Week was created to coincide with the anniversary of the Freedom of Information Act being signed into law in 1966. The U.S. was just the third country in the world to approve such an important measure.

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