Comments on Advisory Opinion 2013-18: Revolution Messaging, LLC

The comments can be found here.

It should be noted that neither exception requires that the inclusion of a disclaimer be impossible. Draft A in particular notes that, for the small items exception, “practicality (or ‘convenience’ in the regulatory vernacular) is the critical factor in determining he exception’s applicability; size is not dispositive.” See Draft A at 5 (quoting Statement of Reasons of Vice Chairman Darryl R. Wold, and Commissioners Lee Ann Elliott, David M. Mason, Danny L. McDonald, and Karl J. Sandstrom at 2, MUR 4791 (Ryan for Congress)).

Practicality and convenience are two sides of the same coin: the issue is whether the imposition of a disclaimer requirement will render a particular mode of communication too inconvenient for practical use. That is true for a wide range of traditional media, including those listed in the regulations themselves.