The Fairness Doctrine
by Nancy Scola, Sat Feb 24, 2007 at 02:16:38 PM EST
Please don't ask me how I stumbled onto Townhall.com -- I watched their GM Chuck DeFeo at today's Beyond Broadcast conference and from that point forward I blame Google -- but I did. And in doing so, came across Ohio's Ken Blackwell going on about the impending threat of the Fairness Doctrine, an old FCC reg largely done away with under the Reagan Administration.
The Fairness Doctrine was one of the principles around which modern American media organized. Here's the basic idea: wireless spectrum is a public resource, therefore licensees have a responsibility to serve the public interest. What that meant is that broadcast TV and radio stations had to (1) address controversial issues and also (2) allow for contrasting viewpoints. Beyond that, anyone who was the target of a "personal attack" had to be notified and given the opportunity to respond, and any political candidate not endorsed by a broadcast station had be given the opportunity to make their case on-air.
The FCC established the Fairness Doctrine in 1949, and the Supreme Court upheld it twenty years later in Red Lion Broadcasting vs. FCC -- ruling that yes, because the licensees were using a finite government resource, they could be fairly expected to carry these burdens.
So where did it go? Key to its demise was the Reagan Administration's attitude towards media. Listen to FCC Chairman Mark Fowler, appointed by Reagan:
The perception of broadcasters as community trustees should be replaced by a view of broadcasters as marketplace participants.
In that spirit, the FCC slowly tore down the Fairness Doctrine. Congress passed legislation mandating its survial, but Reagan vetoed it.
The Fairness Doctrine came up again in 2004, when the spirit of it was invoked during the battle to have Sinclair prevented from running an anti-Kerry documentary on 62 stations just before the 2004 presidential election. The Democratic control of Congress promises to put it back in the spotlight even more. Louise Slaughter and Jan Schakowsky have been pushing for its return for years, and its one of the provisions in Maurice Hinchey's Media Ownership Reform Act. Now Denny Kucinich, who happens to be chair of the House Oversight Subcommittee on Domestic Policy, is promising to try to bring it back.
I've gone into the background of this question of bringing back the Fairness Doctrine -- mentioned it at all, really -- because I'm a firm believer that the outcome to the on-going battle over media reform is going to shape this country for the next few generations. In short, we're going to have to argue this question eventually, and we should be well-prepared for it.
But here's the thing. Restoring the doctrine would definitely change out the media landscape, that's for sure. Ken Blackwell, Rush Limbaugh, and the Heritage Foundation are all adamantly opposed to it, which has to count for something. But I'm going to pull an on-the-other-hand here. With the way things are with media today, can you imagine the battles that would ensue trying to police this standard of fair and balanced? Is it even necessary when everyone can go on the neutral Internet and speak their mind? (Which brings up the slippery slope of applying something like this to the Internet, though it's easy enough to cut the legs out from under that -- the Internet isn't a finite resource.)
Having studied this in depth for all of two hours now, I'm leaning towards thinking that restoring the Fairness Doctrine might be a case of the right (and incredibly important) end goal -- a greater diversity in the media -- but the wrong tactic. But I may well be completely wrong on this.
Tags: Fairness Doctrine, FCC, media reform (all tags)









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