The First Amendment to the United States Constitution is a part of the United States Bill of Rights. It prohibits the federal legislature from making laws that establish a state religion or prefer a certain religion (the "Establishment Clause"), prohibit free exercise of religion (the "Free Exercise Clause"), infringe the freedom of speech, infringe the freedom of the press, limit the right to assemble peaceably, or limit the right to petition the government for a redress of grievance.
Having said all this, I would refer you to a previous Post here about a blogger from ketucky: In this case the Judge refused to dismiss the charges against Gov. Ernie Fletcher.
This led to an interesting question posed by Digital Nomad:
http://sovereign-rights.blogspot.com/2007/04/would-you-risk-prison-for-blogging.html
Should we have to risk imprisonment for stating our views about Policies, politics and our Elected Official? Is this a direct violation of our First Amendment Rights? What do you think and what is the fuss all about anyway?
Apr 4, 2007
Bill of No Rights?
Jan 18, 2007
CONGRESS: POLITICAL BLOGGERS MUST REGISTER OR FACE JAIL
Congress to Send Critics to Jail, Says Richard ViguerieCongress Wants to Blame the Grassroots for Its Own Corruption
Manassas, VA. The following is a statement by Richard A. Viguerie, Chairman of GrassrootsFreedom.com, regarding legislation currently being considered by Congress to regulate grassroots communications:
“In what sounds like a comedy sketch from Jon Stewart’s Daily Show, but isn’t, the U. S. Senate would impose criminal penalties, even jail time, on grassroots causes and citizens who criticize Congress.
“Section 220 of S. 1, the lobbying reform bill currently before the Senate, would require grassroots causes, even bloggers, who communicate to 500 or more members of the public on policy matters, to register and report quarterly to Congress the same as the big K Street lobbyists. Section 220 would amend existing lobbying reporting law by creating the most expansive intrusion on First Amendment rights ever. For the first time in history, critics of Congress will need to register and report with Congress itself.
“The bill would require reporting of ‘paid efforts to stimulate grassroots lobbying,’ but defines ‘paid’ merely as communications to 500 or more members of the public, with no other qualifiers.
“On January 9, the Senate passed Amendment 7 to S. 1, to create criminal penalties, including up to one year in jail, if someone ‘knowingly and willingly fails to file or report.’
“That amendment was introduced by Senator David Vitter (R-LA). Senator Vitter, however, is now a co-sponsor of Amendment 20 by Senator Robert Bennett (R-UT) to remove Section 220 from the bill. Unless Amendment 20 succeeds, the Senate will have criminalized the exercise of First Amendment rights. We’d be living under totalitarianism, not democracy.
“I started GrassrootsFreedom.com to fight efforts to silence the grassroots. The website provides updates in the legislation and has a petition to sign opposing Section 220.
“Thousands of nonprofit leaders, bloggers, and other citizens have hammered the Senate with calls in opposition to Section 220, which seeks to silence the grassroots. The criminal provisions will scare citizens into silence.
“The legislation regulates small, legitimate nonprofits, bloggers, and individuals, but creates loopholes for corporations, unions, and large membership organizations that would be able to spend literally hundreds of millions of dollars, yet not report.
“Congress is trying to blame the grassroots, which are American citizens engaging in their First Amendment rights, for Washington’s internal corruption problems.”
an aside: (19) GRASSROOTS LOBBYING FIRM- The term `grassroots lobbying firm’ means a person or entity that–
`(A) is retained by 1 or more clients to engage in paid efforts to stimulate grassroots lobbying on behalf of such clients; and
`(B) receives income of, or spends or agrees to spend, an aggregate of $25,000 or more for such efforts in any quarterly period.’.
If I am reading this right this actually applies to Bloggers who are receives an income from their efforts. However, this issue bears watching as it may just be the "tip of the iceberg" as far as Blogger's Rights are concerned.
