William J. McGinley, a partner in the firm’s Washington office, was featured in an article on June 3, 2010, in The Daily Caller about proposed legislation that would limit the impact of a controversial Supreme Court ruling that allows corporations and unions to donate money to political campaigns. The new law, commonly called the DISCLOSE Act, would change all references of the term “communication” to “public communication” to ensure that political blogs are not under the regulatory supervision of the FEC, according to The Daily Caller.
The term “communication” is used in a provisionof the act that specifies the type of campaign-related publications the Federal Elections Commission can regulate. Political bloggers proposed the term be changed to “public communication” to clarify its meaning.
“[The act] as currently drafted [does] not contain the term ‘public communication,’” Mr. McGinley said. “Rather, each provision uses the term ‘communication’ – a term undefined by the Federal Election Campaign Act and Federal Election Commission Regulations. Therefore, internet communications, including blog posts are not excluded from [the requirements under the DISCLOSE Act].”