From:  Travis
Date: Sat, May 30, 2009
Subject:  Whoa: White House moves to restrict criticism of stimulus projects
[attack on 1st Amendment]





"The key passage is the reference to expanding regulation from registered
lobbyists to 'anyone else exerting influence on the process. We concluded
this was necessary under the unique circumstances of the stimulus program.'"

Wow.  Yup, that'll pour oil on the ol' troubled waters.  After all, "The
meaning of peace is the absence of opposition of socialism."- K.
Marx

--S.



http://www.washingtonexaminer.com/opinion/blogs/TapscottsCopyDesk/White-Hous
e-moves-to-restrict-criticism-of-stimulus-projects--46540777.html

White House moves to restrict criticism of stimulus projects
By: Mark Tapscott
Editorial Page Editor
05/30/09 6:25 AM EDT

 A new White House policy on permissible lobbying on economic recovery and
stimulus projects has taken a decidedly anti-First Amendment turn.
It's a classic illustration of Big Government trying to control every aspect
of a particular activity and in the process running up against civil
liberty.

Check out this passage from a post on the White House blog by Norm Eisen,
Special Counsel to the President on Ethics and Government
Reform:

 "First, we will expand the restriction on oral communications to cover all
persons, not just federally registered lobbyists. For the first time, we
will reach contacts not only by registered lobbyists but also by
unregistered ones, as well as anyone else exerting influence on the process.
We concluded this was necessary under the unique circumstances of the
stimulus program.

"Second, we will focus the restriction on oral communications to target the
scenario where concerns about merit-based decision-making are greatest
-after competitive grant applications are submitted and before awards are
made. Once such applications are on file, the competition should be strictly
on the merits. To that end, comments (unless initiated by an agency
official) must be in writing and will be posted on the Internet for every
American to see.

"Third, we will continue to require immediate internet disclosure of all
other communications with registered lobbyists. If registered lobbyists have
conversations or meetings before an application is filed, a form must be
completed and posted to each agency's website documenting the contact."

For the full blog post by Eisen, go here
[http://www.whitehouse.gov/blog/Update-on-Recovery-Act-Lobbying-Rules-New-Li
mits-on-Special-Interest-Influence/].

The key passage is the reference to expanding regulation from registered
lobbyists to "anyone else exerting influence on the process. We concluded
this was necessary under the unique circumstances of the stimulus program."

This is the Camel's nose under the tent, being poked because of special
circumstances. Let government restrict political expression - i.e. lobbying
of government officials regarding policy - in one small, supposedly
specialized area and not long after the specialized area starts expanding.
Eventually, all political expression regarding all policy will become
subject to government regulation.

More on this as it develops. And trust me, it will develop.

UPDATE:Great minds thinking alike

Carter Wood at Shopfloor sees the same threat to the First Amendment:
"Lobbyists and organizations that lobby complained that the White House's
restrictions on lobbying on stimulus fund projects were discriminatory and
unfair because the same restrictions didn't apply to people like corporate
executives or officials. So these memorandumly noted changes address that
fairness issue by expanding the ban on orally petitioning the government or
expressing one's views through speech. In the interests of transparency the
First Amendment must be sacrificed.

"The restrictions are also ambiguous enough that a lobbyist or other
petitioner won't be sure how to fully comply. So if someone runs afoul of
White House officials, a phone call to a news outlet or a friendly
prosecutor can punish the offender. Ambiguous rules plus capricious
application equals negative rule of law."



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