Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Mark Tappscott's eagle eye caught something very interesting on the White House blog, posted by Norm Eisen, special counsel to the president for ethics and government reform:
I am writing with an update on the President’s March 20, 2009 Memorandum on Ensuring Responsible Spending of Recovery Act Funds. Section 3 of the Memorandum required all oral communications between federally registered lobbyists and government officials concerning Recovery Act policy to be disclosed on the Internet; barred registered lobbyists from having oral communications with government officials about specific Recovery Act projects or applications and instead required those communications to be in writing; and also required those written communications to be posted on the Internet. That Memorandum instructed the Office of Management and Budget (OMB) to review the initial 60 days of implementation of the stimulus lobbying restrictions, to evaluate the data, and to recommend modifications.
Following OMB’s review, the Administration has decided to make a number of changes to the rules that we think make them even tougher on special interests and more focused on merits-based decision making.
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.
Tappscott concludes:
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.
The purpose, or so it will be spun, is to limit people with influence (lobbyists) from using outside sources to assert that influence, but reading the language on the White House blog, it is clear that this opens the door to restrict just about any criticism or communication with relevant officials, on any topic by claiming it falls under the header of "unique circumstances."
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