The Sky is Yellow, the Sun is Blue, and....

Senate bill 1 will...

"most likely require bloggers, community activists, preachers, and others to register as lobbyists if they encourage 500 or more people to contact their elected representatives on a matter."

Or at least that's the conclusion the sharp-eyed legal eagles at Redstate reached yesterday. Regular contributor "Erick" issued a Late Day Urgent Request for all good Redstaters to take to their phones and keyboards to stand fast against the latest Democratic perfidy.

Trouble is, Mr. Erick took the plain language of S. 1 and turned it entirely inside out. Here's how:

The Lobbying Reform Bill adds new language to the definitions section of an existing law, USC 2, sec. 1602. The bill adds a long definition of "grassroots lobbying" and this is what seems to alarm Mr. Erick. But this language is in the bill not to include grassroots activists as lobbyists, but specifically to exclude them.

Here's the text from S. 1:

(1) in paragraph (7), by adding at the end of the following: `Lobbying activities include paid efforts to stimulate grassroots lobbying, but do not include grassroots lobbying.' [emphasis added]

What about that "500 or more people" business? That's part of the bill's definition of "paid lobbying activities." The definitiion, in general, says:

`(A) IN GENERAL- The term `paid efforts to stimulate grassroots lobbying' means any paid attempt in support of lobbying contacts on behalf of a client to influence the general public or segments thereof to contact one or more covered legislative or executive branch officials (or Congress as a whole...

But once again, the bill says this definition doesn't apply to everybody:

(B) PAID ATTEMPT TO INFLUENCE THE GENERAL PUBLIC OR SEGMENTS THEREOF- The term `paid attempt to influence the general public or segments thereof' does not include an attempt to influence directed at less than 500 members of the general public. [emphasis added]

In short, the bill says that even if you take money for your efforts, you're not included in the definition of paid lobbying activity if you address fewer than 500 people. Mr. Erick turns this on its head to mean that if you address more than 500 people, you're a paid lobbyist even if you didn't take a cent!

Nevertheless, the call to arms went out. How did it go?

The measure passed around 9 p.m. by a vote of 96 to 2. Senators Orrin Hatch of Utah and Tom Coburn of Oklahoma, both Republicans, were the only members to vote against the bill.

UPDATE: Mr. Erick proclaims Victory!! Senator Bob Bennett (R-UT) successfully amended S.1 to remove the entire provision. While Redstate celebrates, the net effect of the amendment isn't clear. With the language removed, the definition of paid lobbying activities may actually be broader than before.