Debate: Fairness Doctrine

Should the Fairness Doctrine be Reinstated?

Background and Context of Debate:

Legislation currently is before Congress that would reinstate a federal communications policy known as the "fairness doctrine." The legislation, entitled the "Fairness in Broadcasting Act of 1993," is sponsored in the Senate (S. 333) by Ernest Hollings, the South Carolina Democrat, and in the House (H.R. 1985) by Bill Hefner, the North Carolina Democrat. It would codify a 1949 Federal Communications Commission (FCC) regulation that once required broadcasters to "afford reasonable opportunity for the discussion of conflicting views of public importance." The fairness doctrine was overturned by the FCC in 1987.

Does the Fairness Doctrine breach the First Amendment?

Yes

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No

• Fairness Doctrine ignores sufficiency of modern media outlets Adam Thierer. "Why the Fairness Doctrine is Anything But Fair". Heritage Foundation. 29 Oct. 1993 - "The doctrine's supporters seem not to appreciate just how much the broadcast world has changed since 1949. With the proliferation of informational resources and technology, the number of broadcast outlets available to the public has increased steadily. In such an environment, it is hard to understand why the federal government must police the airwaves to ensure that differing views are heard."

• Fairness Doctrine harms instead of protecting free speech Adam Thierer. "Why the Fairness Doctrine is Anything But Fair". Heritage Foundation. 29 Oct. 1993 - "The result of a reinstituted fairness doctrine would not be fair at all. In practice, much controversial speech heard today would be stifled as the threat of random investigations and warnings discouraged broadcasters from airing what FCC bureaucrats might refer to as 'unbalanced' views."

• Fairness Doctrine falsely presumes "fairness" can be determined Adam Thierer. "Why the Fairness Doctrine is Anything But Fair". Heritage Foundation. 29 Oct. 1993 - "Faulty Premise #2: "Fairness" or "fair access" is best determined by FCC authorities[...]Reality: FCC bureaucrats can neither determine what is "fair" nor enforce it[...]The second fallacy upon which the doctrine rests concerns the idea of "fairness" itself. As defined by proponents of the doctrine, "fairness" apparently means that each broadcaster must offer air time to anyone with a controversial view. Since it is impossible for every station to be monitored constantly, FCC regulators would arbitrarily determine what "fair access" is, and who is entitled to it, through selective enforcement."

• Fairness Doctrine would be abused by those in power. 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.)"

Write Subquestion here...

Yes

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No

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Write Subquestion here...

Yes

• Steve Rendall. "How We Lost it, and Why We Need it Back". Common Dreams. 12 Feb. 2005

No

• Adam Thierer. "Why the Fairness Doctrine is Anything But Fair". Heritage Foundation. 29 Oct. 1993

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