Fairness Doctrine Solution

Originally Published at Family Security Matters on 14 July, 2008

For the last year, Democrats like Representatives Louise Slaughter and Dennis Kucinich have been trying to revive the Fairness Doctrine. They are not alone. They have the support of House Speaker Nancy Pelosi, along with Senators Dick Durbin, Barbara Boxer, John Kerry, and Dianne Feinstein, all of whom have come out in support of reviving the Fairness Doctrine.

What is the Fairness Doctrine? It is archaic rule that forces television and radio stations to air both sides of controversial issues. When it was enacted in the 1940’s, there were very few radio stations, so there was a threat of a media monopoly. Today, however, there are over 14,000. In addition, we can also chose from millions of satellite radio, internet radio, and television stations. With this many media outlets, the threat of a monopoly has vanished.

Proponents in the past have admitted that the goal of the Fairness Doctrine is not about providing the public with both sides of an issue; it is to silence conservative and Christian talk radio. For instance: former CBS President Bill Friendly quoted Bill Ruder (Assistant Secretary of Commerce to President John F. Kennedy): “Our massive strategy was to use the Fairness Doctrine to challenge and harass right-wing broadcasters and hope the challenges would be so costly to them that they would be inhibited and decide it was too expensive to continue.”

If the Fairness Doctrine is reinstated, it is quite likely that conservative and Christian talk radio programs will not be aired due to the demand for equal time, which the station will be forced to provide. So instead, station managers will opt for programming that presents less controversial topics, pushing hosts like Rush Limbaugh, Sean Hannity, and Laura Ingraham off the air.

The Fairness Doctrine’s foundation was weakened by two Supreme Court cases before being abolished. In 1974, the Supreme Court found that the Fairness Doctrine “inescapably dampens the vigor and limits the variety of public debate” in Miami Herald Publishing Company v. Torino. Then, in 1984, the Supreme Court found that the Fairness Doctrine’s scarcity rationale was flawed and that it was limiting the breadth of public debate in FCC v. League of Women Voters.

Finally, in 1987 the FCC, under President Ronald Regan, repealed the Fairness Doctrine. They did so on the basis that: (1) it no longer served the public interest, (2) there was no longer the scarcity of media, and (3) it was in violation of the First Amendment of the Constitution (Congress shall make no law . . . abridging the freedom of speech, or of the press. . .). The FCC’s abolishment was later upheld by the 8th Circuit Court of Appeals in 1993.

America doesn’t need the Fairness Doctrine to be reinstated in order to have freedom of the airwaves. As it stands now, there is every opportunity for all positions to be aired. But liberal talk radio cannot stand on its own when subjected to the true fairness of the free market. Instead of fighting on equal ground, the Democrat leadership in Washington is seeking to silence the opposition. If you can’t beat them, silence them.

John F. Kennedy said, “We are not afraid to entrust the American people with unpleasant facts, foreign ideas, alien philosophies, and competitive values. For a nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people.” That is precisely why the Fairness Doctrine is on the rise again – liberal elements of our government fear an informed electorate.

Now for some good news: In the summer of 2007, Representative Mike Pence introduced H.R. 2905, the Broadcaster Freedom Act. H.R. 2905, if passed, would forever end the threat of the Fairness Doctrine.

Congress voted to send H.R. 2905 to committee, and since, Speaker Pelosi has already stated that she will not allow the bill to come to a vote. With the support of the Democrat majority in the House, she just may get her wish. That is, unless the people fight to keep their freedom of speech alive.

‘We the People’ have an opportunity to defeat the Fairness Doctrine. Rep. Pence has started a discharge petition, which if he can collect 218 signatures, will force H.R. 2905 to an up-or-down vote on the floor of the House. And according to Pence: “When freedom gets an up-or-down vote in the People’s House, freedom always wins.” No Democrat so far has signed the petition, despite the fact that 113 Democrats voted in favor of Pence’s one-year moratorium on the Fairness Doctrine last year.

It is up to us. These politicians must have the support of their constituents in order to get reelected, and they know that. If we make our voices heard, we can force their hand on this issue. We must make our government know that we will not allow them to strip us of our right to free speech.

This isn’t the Soviet Union in the Cold War. This is the United States of America! We have the right to free speech, but when the government regulates what we can or can’t hear, is our speech free anymore? Even broadcaster Dan Rather said, “Once a newsperson has to stop and consider what a government agency will think of something he or she wants to put on the air, an invaluable element of freedom has been lost.”

Contact your US Representative and tell them that to sign the discharge petition for the Broadcaster Freedom Act.