Ethics and Regulation The Fairness Doctrine and Free Speech

The Fairness Doctrine The Fairness Doctrine had two basic elements: It required broadcasters to devote some of their airtime to discussing controversial matters of public interest, and to air contrasting views regarding those matters. Stations were given wide latitude as to how to provide contrasting views: It could be done through news segments, public affairs shows or editorials. The doctrine did not require equal time for opposing views but required that contrasting viewpoints be presented. 1 FAIR, Fairness and Accuracy in Reporting

History of the Fairness Doctrine The Radio Act of 1927 created the Federal Radio Commission “American thought and American politics will be largely at the mercy of those who operate these stations, for publicity is the most powerful weapon that can be wielded in a republic. And when such a weapon is placed in the hands of one person, or a single selfish group is permitted to either tacitly or otherwise acquire ownership or dominate these broadcasting stations throughout the country, then woe be to those who dare to differ with them. It will be impossible to compete with them in reaching the ears of the American people. ” -Rep. Luther Jackson (D) 1927

History of the Fairness Doctrine The Fairness Doctrine became codified law by Congress in 1959 “A broadcast licensee shall afford reasonable opportunity for discussion of conflicting views on matters of public importance.”

History of the Fairness Doctrine The constitutionality of the Fairness Doctrine was contested in Red Lion Broadcasting Co. v. FCC, The Court ruled in favor of the doctrine. “It is the purpose of the First Amendment to preserve an uninhibited marketplace of ideas in which truth will ultimately prevail, rather than to countenance monopolization of that market, whether it be by the government itself or a private licensee. It is the right of the public to receive suitable access to social, political, esthetic, moral and other ideas and experiences which is crucial here. That right may not constitutionally be abridged either by Congress or by the FCC. “ U.S. Supreme Court, Red Lion Broadcasting Co. v. FCC, 1969

History of the Fairness Doctrine The Fairness Doctrine was officially abolished in 1987, although its use diminished throughout the 1980s. A bill similar to the Fairness Doctrine passed through Congress in 1988, but was vetoed by President Reagan.

The Debate Today Republicans, Libertarians, and conservatives oppose any measure similar to a Fairness Doctrine because of the limits it opposes on free speech. Democrats and liberals favor a reinstatement of the Fairness Doctrine, although no measures have been taken to reinstate it.

YouTube Debate over Fairness Doctrine Debate on Fox&Friends

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