Tuesday, November 11, 2008

The Fairness Doctrine.

Within the months leading up to the presidential election, it was virtually impossible to tune into Far Right talk radio without hearing one or another of the interchangeable voices bemoan the possibility of the re-institution of the Fairness Doctrine. These hyperventilating hacks have every reason to fear the possibility that such rules will be brought back. The extremely narrow perspective that emanates from the public airwaves threatens to poison the political dialog in our nation permanently. How did the AM/FM bands reach such a state? It was the repeal of the Fairness Doctrine (as well as the deregulation of the radio broadcast industry) during the Reagan years that created the current climate.

The original policy (created in 1949) was an attempt by the Federal Communications Commission to require all parties with a broadcast license to present controversial social and political issues in an honest, equitable, and balanced manner. The Supreme Court has consistently upheld the FCC's power to regulate access to any media wherein channels are "limited". However, our federal Judicial Branch has not required the FCC to do so. In 1974, that ruling board seemed content to pronounce that licensees were voluntarily following the spirit of the rules, and thus had no need to intervene. But it left the door open to act on the policy in the future.

It was FCC Chairman and Reagan-Appointee Mark Fowler that announced in 1985 his intention to repeal parts of the Doctrine, saying that it violated the Free Speech guarantees of the 1st Amendment. In 1987 the Fairness Doctrine was abolished. Congress had attempted to block such a move with its own legislation, but The Gipper vetoed the bill. However two provisions of the Doctrine remained in place until 2000*- the "personal attack rule" and the "political editorial rule". The first mandated that an individual or small group under attack on a licensed radio station be notified in writing by the broadcaster, sent a transcript of the attack, and have the opportunity to reply for free on that same station. The second rule said that whenever a broadcaster made a political endorsement, the opposing candidate was to be notified and offered a chance to respond.

President-Elect Barack Obama is on record as saying he does not support the return of the Fairness Doctrine, but he does favor media-ownership caps and network neutrality. Yet there have been several key Democratic figures who have called for the re-imposition of The Fairness Doctrine. Senator Jeff Bingaman (D- NM) told a conservative radio host that "for many, many years we operated under a Fairness Doctrine in this country, and I think the country was well-served. I think the public discussion was at a higher level and more intelligent in those days than it has become since." In addition House Speaker Nancy Pelosi, Sen Richard Durban (D-IL) and Sen. John Kerry have all embraced the idea of bringing the Doctrine back.

For the last two decades, Rush Limbaugh, and his many clones that dominate our airwaves, have grown increasingly bolder in their vilification of opponents. A constant stream of extremist Right Wing propaganda is offered (free-of-charge) 24-7 throughout the frequency range of radio.
In many areas (such as Western Pennsylvania) there is no alternative voice available. Huge conglomerates like Clear Channel and Sinclair Broadcasting have used the powers of monopoly to keep competitors outside of the market. The costs of setting up an operation to rival the corporate media giants are prohibitive. Nutty "conservative" programming runs rough-shod over a vulnerable segment of the populace that is more than willing to accept the lies on offer. Something needs to change, and the "Commons" of the air restored to The People.


* As Wikipedia states, "The U.S. Court of Appeals for the D.C. Circuit ordered the FCC to justify these corollary rules in light of the decision to repeal the Fairness Doctrine. The FCC did not provide prompt justification and ultimately ordered their repeal in 2000."

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