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...even if one were to take Doctrinaires at their word and assume that they solely desire the elevation of public discourse, and even if one were to ignore the unconstitutionality of the means to this end, a critical flaw still lingers. If the FCC is given the authority to dictate what constitutes “balanced” coverage of the issues, then the FCC is given dominion over the definition of “balanced.” There are far more than only two sides to every debate, and yet the assumption goes that the FCC would only...

Author: By Dhruv K. Singhal | Title: The Tyranny of Fairness | 3/15/2009 | See Source »

...could misuse their broadcast licenses to set a biased public agenda. The Fairness Doctrine, which mandated that broadcast networks devote time to contrasting views on issues of public importance, was meant to level the playing field. Congress backed the policy in 1954, and by the 1970s the FCC called the doctrine the "single most important requirement of operation in the public interest - the sine qua non for grant of a renewal of license." (See 25 people to blame for the financial crisis...

Author: /time Magazine | Title: The Fairness Doctrine | 2/20/2009 | See Source »

...Supreme Court proved willing to uphold the doctrine, eking out space for it alongside the First Amendment. In 1969's Red Lion Broadcasting Co. v. FCC, journalist Fred Cook sued a Pennsylvania Christian Crusade radio program after a radio host attacked him on air. In a unanimous decision, the Supreme Court upheld Cook's right to an on-air response under the Fairness Doctrine, arguing that nothing in the First Amendment gives a broadcast license holder the exclusive right to the airwaves they operate on. But when Florida tried to hold newspapers to a similar standard in 1974's Miami...

Author: /time Magazine | Title: The Fairness Doctrine | 2/20/2009 | See Source »

...doctrine stayed in effect, and was enforced until FCC chairman Mark Fowler began rolling it back during Reagan's second term - despite complaints from some in the Administration that it was all that kept broadcast journalists from thoroughly lambasting Reagan's policies on air. In 1987, the FCC panel repealed the Fairness Doctrine altogether with a 4-0 vote...

Author: /time Magazine | Title: The Fairness Doctrine | 2/20/2009 | See Source »

...Both sides are likely overstating the doctrine's import. Even if it were to return, liberals would have a hard time co-opting the Fairness Doctrine to limit conservative talk radio to the degree they might like. The FCC has never applied the Fairness Doctrine to a talk radio host, nor does the regulation force stations to give equal time for every perspective. Further, the point might be moot without support from the Oval Office - which the doctrine does not currently enjoy. "As the President stated during the campaign, he does not believe the Fairness Doctrine should be reinstated...

Author: /time Magazine | Title: The Fairness Doctrine | 2/20/2009 | See Source »

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