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Debate: Fairness Doctrine

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Should the Fairness Doctrine in the United States be reinstated?

Background and context

Until twenty years ago broadcasters in the USA had by law to follow the federal government’s “Fairness Doctrine”. This rule, formally introduced in 1949, required radio and television stations to give "ample play to the free and fair competition of opposing views", so that listeners and viewers received a range of opinions and individual stations were not able to promote particular viewpoints to the exclusion of all others.
The doctrine was also supported by Congress in legislation, although there is argument over whether this required the Federal Communications Commission (FCC) to regulate broadcasters in this way, or simply allowed them to do so if they judged it necessary. A 1969 Supreme Court case found that the Fairness Doctrine did not infringe the constitutional freedom of speech.

In 1987 the Reagan Administration’s FCC judged that the Fairness Doctrine was an outdated and unnecessary interference in the broadcasting business and it was repealed. Congress made an attempt to reimpose it but President Reagan vetoed this and the doctrine has never been brought back since.

Since the Fairness Doctrine was removed in 1987 talk radio has become much more prominent, bringing a brash and lively style of political debate into many American homes (and cars). Conservative viewpoints dominate their agenda, and hosts such as Rush Limbaugh make no attempt to hide their own political opinions or to provide a platform for views which disagree with their own. Such stations are now seen as hugely politically influential, with loyal audiences which they can mobilise to lobby, vote and protest on key issues. This was particularly seen in the collapse of immigration reform in 2007, when some Republicans as well as Democrats began to call for talk radio to be reined back, perhaps through the reinstatement of the Fairness Doctrine. In the 2008 US elections, the Fairness Doctrine returned as an issue, with political figures such as House Speaker Nancy Pelosi suggesting that she favored reconstituting the Fairness Doctrine, and with Democratic victories raising the chances that such legislation could be passed.

Contents

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First Amendment: Does the Fairness Doctrine uphold Free Speech in First Amendment?

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Yes

  • Fairness Doctrine rightly regulates free speech on public airwaves U.S. Supreme Court, upholding the constitutionality of the Fairness Doctrine in Red Lion Broadcasting Co. v. FCC, 1969. - "A license permits broadcasting, but the licensee has no constitutional right to be the one who holds the license or to monopolize a...frequency to the exclusion of his fellow citizens. There is nothing in the First Amendment which prevents the Government from requiring a licensee to share his frequency with others.... It is the right of the viewers and listeners, not the right of the broadcasters, which is paramount."
In a Washington Post column (1/31/94), the Media Access Project (MAP), a telecommunications law firm that supports the Fairness Doctrine, addressed the First Amendment issue: "The Supreme Court unanimously found [the Fairness Doctrine] advances First Amendment values. It safeguards the public’s right to be informed on issues affecting our democracy, while also balancing broadcasters’ rights to the broadest possible editorial discretion."


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No

John McCain said in 2007, "had a chilling affect on free speech, and it is hard to imagine that the American people would support reinstating a policy where the federal government would be required to police the airwaves to ensure differing viewpoints are offered."[1]
Governor Mario Cuomo who also opposed the Doctrine pointing out - "Of course there are limits to liberty and lines to be drawn … But curtailing First Amendment rights should be allowed only when the need is so clear and convincing as to overwhelm with reasonableness the arguments in opposition. And the case for government intrusion, for the Fairness Doctrine, is certainly less than compelling at its very best."[2]
  • Public can judge extreme viewpoints: Fairness Doctrine unnecessary Democratic House Appropriations Committee Chairman David Obey of Wisconsin - "We ought to let right-wing talk radio go on as they do now. Rush and Sean (Hannity) are just about as important in the scheme of things as Paris Hilton, and I would hate to see them gain an ounce of credibility by being forced by a government agency or anybody else to moderate their views enough that they might become modestly influential or respected."[3]


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Fairness: Is it possible to determine "fairness"?

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Yes

  • Free speech without Fairness Doctrine can harm policy-making "Broadcasting, reintroducing the Fairness Doctrine". Debatabase. 27 Aug. 2008 - "Unbalanced broadcasting also affects policymaking, in ways which are bad for our country. Talk radio hosts can fire up their audiences over particular issues, successfully urging them to place so much pressure on their elected representatives that they are able to impose their agenda at state and federal level. This attacks the representative principle – that elected officials must use their best judgement to make decisions for the good of all, rather than bending to the uninformed and perhaps temporary will of mass opinion. Such campaigns are particularly dangerous on issues such as trade and immigration where the populist argument seems simple, easily summed up in appealing nativist slogans. Often the alternative case is more complex, requiring a greater level of economic and political education and a willingness to study dispassionately a range of evidence. Following the collapse in 2007 of attempts at immigration reform, even Tent Lott, a leading Republican Senator, has lamented that talk radio is running the country, having power without responsibility."


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No

"Broadcasting, reintroducing the Fairness Doctrine". Debatabase. 27 Aug. 2008 - "As for complaints about the tone of talk-radio shows, what some people label “intolerant and unpleasant”, others may see as vigorous and fearless. In any case, many liberals are horribly rude about President Bush, or show disrespect for great American institutions such as the stars and stripes flag and the U.S. military."
  • Fairness Doctrine opens the door to government abuse Adam Thierer. "Why the Fairness Doctrine is Anything But Fair". Heritage Foundation. 29 Oct. 1993 - "FCC regulators would arbitrarily determine what "fair access" is, and who is entitled to it, through selective enforcement. This, of course, puts immense power into the hands of federal regulators. And in fact, the fairness doctrine was used by both the Kennedy and Nixon Administrations to limit political opposition. Telecommunications scholar Thomas W. Hazlett notes that under the Nixon Administration, "License harassment of stations considered unfriendly to the Administration became a regular item on the agenda at White House policy meetings." (Thomas W. Hazlett, "The Fairness Doctrine and the First Amendment," The Public Interest, Summer 1989, p. 105.) As one former Kennedy Administration official, Bill Ruder, has said, "We had a massive strategy to use the fairness doctrine to challenge and harass the right-wing broadcasters, and hope the challenge would be so costly to them that they would be inhibited and decide it was too expensive to continue." (Tony Snow, "Return of the Fairness Demon," The Washington Times, September 5, 1993, p. B3.)"
  • Enforcing the Fairness Doctrine would be too expensive. The Fairness Doctrine would be difficult to enforce, as it would require government officials oversee nearly every broadcasting network to ensure "fair and balanced" broadcasting. This would be expensive.


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Balance: Is Fairness Doctrine necessary to restore balance?

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Yes

  • Fairness Doctrine protects against odious views gaining legitimacy "TV View; Why the Fairness Doctrine is Still Important". New York Times. 15 Sept. 1985 - "Microphones and cameras are beguiling. They confer identity and status on the people who use them. Those who believe themselves to be disenfranchised can find a home[...]In a way, that's what the dispute over the television coverage of terrorism is all about. Causes, no matter how odious, may be legitimatized by media exposure. Under the Fairness Doctrine, a radio or television station that advocates an odious cause may be held accountable if it does not present a countervailing view. In the absence of the Fairness Doctrine, there is no necessity for it to do so. Indeed, in the absence of any restriction, an odious cause may not only be heard; it may control the radio or television station itself."



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No

  • Fairness Doctrine advocates forget Media's liberal bias. The Media, including all its various forms, is considered by many sources to have a liberal bias, with the vast majority of its workers voting Democrat. It is odd, therefore, for Democrats to complain about conservative radio, and call for the Fairness Doctrine as a solution.


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Public debate: Does the Fairness Doctrine improve public discourse?

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Yes

  • The Fairness Doctrine improves the public discourse Sen. Jeff Bingaman (D-N.M.) - "for many, many years we operated under a Fairness Doctrine in this country, and I think the country was well-served. I think the public discussion was at a higher level and more intelligent in those days than it has become since."[4]


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No


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Modern media: Has modern media made Fairness Doctrine irrelevant?

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Yes

....But it didn't last. Radio soon came to be dominated by a relatively small number of media companies, with the most popular amateur operators being hired on as radio personalities....That's not to say that the amateur radio operators didn't change the mainstream media. They did. And so, too, have bloggers. Allowing readers to post comments on stories has now, thanks to blogging, become commonplace throughout online publishing. But the once popular idea that blogs would prove to be an alternative to, or even a devastating attack on, corporate media has proven naive."


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No

Michael Gerson. "Where the Mines Are". Washington Post. 14 Nov. 2008 - "This kind of heavy-handed approach [the Fairness Doctrine] is a remnant of a time when public sources of information -- mainly the three networks and large radio stations -- were so limited that government felt compelled to guarantee balance. Given today's proliferation of media outlets, such regulation of speech is both unnecessary and Orwellian."


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Markets: Are market forces insufficient in demanding sound public discourse?

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Yes

  • Fairness Doctrine counters corporate control of broadcasting "Broadcasting, reintroducing the Fairness Doctrine". Debatabase. 27 Aug. 2008 - "The ownership structure of the radio market is unfair, dominated as it is by a few big companies who impose a right-wing agenda on the stations they control. An analysis of the content broadcast by the top five station-owning companies showed that over 90% of the talk they broadcast is right-wing in nature. Other voices not given a look-in. Given election results, this clearly cannot be reflecting any competitive forces but is instead pushing a particular political viewpoint upon the marketplace. In such a case of market failure it is necessary for the state to require free access to the airwaves for alternative viewpoints."
Dennis Kucinich said in a 2007 speech to the National Conference for Media Reform, "We know the media has become the servant of a very narrow corporate agenda...we are now in a position to move a progressive agenda to where it is visible."[5]
The broadcasters who feel the chill, however, do not seem to be responding to much that is real, and it is almost as if the F.C.C. wants to suspend the Fairness Doctrine to help them overcome their own timidity. The F.C.C. report is insistent on the broadcasters' fearfulness, but nowhere are we persuaded that the broadcasters have much to be fearful about. Fairness Doctrine requirements are easily met. Broadcasters, when challenged, must show only that they acted in good faith. This does not require them to grant equal time - that applies only to political candidates - but merely a reasonable opportunity for an opposing viewpoint on an issue. Traditionally, the F.C.C. has interpreted this loosely; a reasonable opportunity is determined largely by the broadcaster."


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No

  • Popularity of conservative talk radio confirms its legitimacy "Broadcasting, reintroducing the Fairness Doctrine". Debatabase. 27 Aug. 2008 - "Broadcasting is a business, not different in character from any other. We need to take a market view and let the public as consumers decide what they want to listen to rather than imposing it upon them. There is nothing to stop anyone launching a liberal talk radio station, and indeed there have been many attempts to do so. But these have proved unpopular failures, because the public does not want to buy what they are peddling. Talk radio is successful because its broadcasters share the values of the American people, and are able to express the way they feel about the key issues of the day. One of those issues is the way in which strong public opinion (e.g. over immigration, NAFTA or school prayer) has been consistently ignored by politicians over many decades – they say one thing at election time and then do another in Washington. If talk radio publicises representatives’ voting records and enables their voters to hold them to account, then so much the better."
  • Corporate broadcasters respond to diverse market demands "Broadcasting, reintroducing the Fairness Doctrine". Debatabase. 27 Aug. 2008 - "The ownership of broadcasting stations does respond to market forces – it is easy to establish new stations, and in a highly competitive market no company will run programming which alienates consumers for fear of commercial failure. In fact the FCC regulates media ownership very carefully to ensure that no one company dominates either nationally or in particular local markets. It is this interference which is truly hard to justify. Ultimately the left is just sore that their views are unpopular with the American people and that no one wants to listen to liberal stations like Air American Radio. Now they want to force liberal propaganda on everyone because they trust neither the American people nor the free market."


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Pro/con sources

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Yes

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No


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