News & Commentary
Protect freedom of speech: Bury the misnamed "Fairness Doctrine"
DC Examiner
There are few principles more sacred in America than freedom of speech. The right to criticize the government is basic to any democracy. Our Constitution's First Amendment, which secures both free speech and religious liberty, is the most celebrated part of the Bill of Rights.
But while most everyone likes freedom of speech in the abstract, many people don't like criticism of themselves in particular. On the Left, there is no more hated foe than talk radio, which is considered dominated by conservatives. With the Democratic Party's success on November 4, some liberal activists and politicians want to revive the so-called Fairness Doctrine, a law that empowers politicians and bureaucrats to require "balance" in the broadcast media. This would be an open invitation to political abuse, using the rhetoric of "fairness" to silence one's critics.
Under the Fairness Doctrine, introduced in 1949, broadcasters were supposed to cover important controversies and include all viewpoints. The rule sounds good in theory, but never made sense in practice. After all, one person's concept of what constitutes "fairness" and the adequate articulation of "all" viewpoints will undoubtedly conflict with another's.
The government could never apply such a rule to print journalists. In fact, the U.S. Supreme Court overturned a Florida "right-to-reply" law which guaranteed political candidates newspaper space to respond to criticism. The unanimous court ruled that "Government-enforced right of access inescapably dampens the vigor and limits the variety of public debate."
Nor could one imagine the Supreme Court upholding a "fairness doctrine" for the Internet. Web commentary can be unfair and inaccurate, but the decentralized nature of the medium and the broad participation of interested citizens, as well as credentialed journalists, are what generate its extraordinary energy and diversity.
The electronic media deserve similar constitutional protection. Unfortunately, however, since the electromagnetic spectrum is considered to be a public resource, the Supreme Court has given the government far greater leeway to regulate broadcasters. In upholding the Fairness Doctrine , the Court ruled that "It is the right of the viewers and listeners, not the right of the broadcasters, which is paramount." Yet the principal purpose of the First Amendment is to ensure an independent media. That requires freedom from government interference, even interference in the name of "helping" viewers and listeners.
Long-time CBS news anchor Dan Rather said that he recalls "newsroom conversations about what the [Federal Communications Commission] implications of broadcasting a particular report would be. 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." In dropping the rule in 1987, the FCC explained that the Doctrine "actually inhibits the presentation of controversial issues of public importance to the detriment of the public and the degradation of the editorial prerogative of broadcast journalists."
Moreover, even if the electromagnet spectrum once seemed "scarce," technology has since transformed the medium. Not only do we use the airwaves more intensively (UHF television and FM radio), but there are hundreds of additional stations available through cable and satellite service. (In contrast, newspapers are struggling and an increasing number of people live in one-paper towns.) Add magazines and the Internet to the media mix and it is obvious that Americans have more news and opinion options than ever before.
What makes proposals to reinstate the Fairness Doctrine particularly pernicious, however, is the fact that advocates unashamedly want to use it to shut down media outlets because of the opinions expressed, just as both Democratic and Republican administrations did in the past. Bill Ruder, an assistant secretary of commerce under President John F. Kennedy, admitted: "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." The Nixon administration employed similar tactics.
Talk radio is the most obvious target today, which is why the proposal has been characterized as part of a "Hush Rush" campaign. While the biggest names with the greatest listenership in talk radio are conservatives, it isn't as if liberals haven't tried. Networks like Air America have simply failed to prosper. That isn't the fault of the Right, however. It is especially ironic that those who portray themselves as progressive and tolerant are campaigning to silence their critics. Ironically, while liberals present themselves as victims of conservative talk radio, it is their domination of the mainstream media that most encouraged the rise of talk radio. The Right had little choice but to create a new forum.
Moreover, in recent years the Left has come to dominate the Internet as a tool of political organizing. But conservative bloggers are not advocating an Internet Fairness Doctrine. Rather than asking the government to penalize successful liberal websites, the Right is organizing to do a better job of competing in the future. Although some Democratic legislators, including House Speaker Nancy Pelosi, support reinstating the Fairness Doctrine, aides to president-elect Barack Obama indicate he opposes the move (though he supports other steps to promote broadcasting diversity). As president-elect, he should make clear that he stands for freedom for the entire media, broadcasters included.
As has been oft-stated, the answer to speech one doesn't like isn't less speech, but more speech. Today anyone with access to a computer can become a citizen journalist and reach millions of readers and viewers. The spirit of the First Amendment demands that we continue to keep the media-including broadcasters-free of government control.
Michelle D. Bernard, author of Women's Progress, How Women are Wealthier, Healthier, and More Independent Than Ever Before, is the president and CEO of the Independent Women's Forum and Independent Women's Voice and an MSNBC Political Analyst.






8 Comments
LJ Miller | December 2, 2008, 9:18pm | #
I agree with almost everything you say. I'd just like to warn your readers that Obama's plans for radio are to use "localism" rules to put activists like ACORN in a position of power over every radio station's ability to keep operating. This does not make for diversity. It enforces leftist ideological unity.
Julene | December 3, 2008, 12:22am | #
I agree as well. However, my concern was this most recent campaign and how so many websites and blogs were based on a great deal of untruths or half truths regarding both political candidates, primarily about the President-Elect. I just think people should be held accountable for the information they put out there especially if there is no proof to that information.
John | December 4, 2008, 10:04am | #
In response to Julene's concern, one of the great benefits of the recent election cycle has been the engagement of so many people with so many different forms of media.
As we all get more savvy, we are getting better at evaluating the source of information. The running dialogue we have with our sources of news and opinion now makes it easier than ever for us to understand biases and untruthfulness. This is making honesty and credibility more important, and pushing untruths to the fringe. Sure, untruthful and even hurtful things can draw attention from anywhere on the political spectrum for a moment, but we are all hungry for open and honest discussions about how to move our country forward.
I also am concerned about misinformation. Rather than worrying about accountability and policing of potential liars, though, I suggest we all add our individual voices to the honest discussion. Rather than attacking the indefensible excesses of a fringe, let's join in the center of the public square and let our open dialog drown out the noise from the edges.
I don't need the government to help me do that. I need to get up every day and do it myself.
Will | December 4, 2008, 10:58am | #
Thanks for your article. We had a similar sentiment in our post on 11/24/08, "Liberals Killed the Radio Star..." at our site, www.BoycottBigMedia.com, and also posted at regularfolksunited.com
Mr Ed | December 30, 2008, 10:03pm | #
I am a 65 year old retired broadcaster, a pro career in the era of the fairness doctrine. You kids have your heads up your booties. Big money was talking back then, and the Kennedy era enforcement of the doctrine by a Nick Johnson led FCC was seen as kind of a "Teddy Roosevelt vs. the barons" turnaround tool at the time. It gave us our media diversity! The difference today is a whimpy and powerless FCC under Bush has promoted a re-conglomeration of media as big business under the control of very few high rollers. If you get fired from a broadcast job today, where are you going to go? You just may be done for good in the broadcasting business! Some, like Murdoch, are there to impose a political position, and this is the main threatening evil. The solution may be to restore the value of the 1934 Act, that, indeed, "the airwaves belong to the public."
karen steger | January 12, 2009, 4:28pm | #
We the People own the airwaves and unfortunately approximately 50% of the People have been denied a voice over the airwaves because of the right wing fat cats who have gained access to the airwaves and have denied the rights of those who do not share their views. We definietely need the reinstatement ofr the Fairness Doctrine. Your arguments are unconvincing and cater to the right.
connie | January 18, 2009, 6:36pm | #
Michelle I would have agreed with a few yeaes ago about the fairnesss doctrin but today no no no. People like Hannity and Limbaugh has taken their hate talk to far. The reason I say this is I came from WVa and some of the people take what they as gospel. A lot of the people are uneducated and don't under stand it just politics. It stirs so much hate some one might get hurt. It's not just WVa.IT's in lot of the southern states and northern states too.Both sides needs to be told and let people know that every one don't beleive the way they do and it's need to be told at the same time they are spewing the hate.When some one gets hurt it's to late.Michelle there is one other thing I wanted to say to you . I saw you on Hardball and you called Senator Reid condening for what he said about senator Burris. Well he not the only person who though he should have exceped the offer from the governor. THE tant will stick to Burris . Congressman Davis or Congress Jackson Jr. should have been offered fist they have work hard for years not Burris. I have nothing against Burris I don't know him . But I beleive he was less deserving. And taking about consending you and the anchoe laughing and making fun of situation i found consending after all you are professional i thought.
Robert R. McCall, Jr. | January 27, 2009, 10:42am | #
Dear Connie:
I had trouble making sense of your comments. Your many misspellings and broken sentences don't reflect well on yourself or give much credence to your comments. I have found it better to compose my thoughts offline before putting them online.