Don't Let Liberals Re-Impose the Fairness Doctrine

Human Events, Aug 27, 2007 by Pence, Mike

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The American people love a fair fight and so do I. especially where the issues of the day are debated. In a free market, fairness should be determined based upon equal opportunity, not equal results. Some voices are calling for Congress to enforce their idea of "fairness" on our broadcast airwaves. But our nation should proceed with caution whenever some would achieve their "fairness" by limiting the freedom of others.

Beginning in 1949. the Federal Communications Commission and its precursor developed and enforced the so-called Fairness Doctrine. The Fairness Doctrine required broadcasters to present controversial issues in a fair and balanced manner.

No Talk Radio

But there's nothing fair about the Fairness Doctrine. To avoid administrative costs and hours of paperwork and legal fees, broadcasters opted to offer non-controversial programming. As a result, talk radio, as we know it today, simply did not exist.

Recognizing the chilling effect that the regulation was having on broadcast freedom, the FCC began to overturn its own ruling on the Fairness Doctrine in 1985. Following that change in policy and President Reagan's veto of attempts to reinstate it, the results have been dramatic.

The lifting of the Fairness Doctrine opened the public airwaves io a free and vigorous discussion of controversial issues that never existed before its repeal. When Rush Limbaugh began his legendary career, there were 125 talk radio stations in America. Today, there are 2,000. While Limbaugh, Sean Hannity and other conservative giants dominate the national syndicated market, many moderate and liberal programs succeed admirably at the local level.

Since the demise of the Fairness Doctrine, talk radio has emerged as a dynamic forum for public debate and an asset to the nation.

Unfortunately, in the name of fairness, there has been much talk recently about the need to "level the playing field" of radio broadcasting by restoring this archaic regulation of radio and television.

The liberal Center for American Progress published a report titled "The Structural Imbalance of American Talk Radio" last June. The foundation, run by former Clinton Chief of Staff John Podestà, lamented the "massive imbalance" of the radio airwaves and called for a whole range of new content and ownership regulations. While stopping short of calling for a return of the Fairness Doctrine, the Podestà group advocated new regulations that could have even a greater chilling effect on broadcast freedom.

Some of the nation's most powerful elected officials have said that Congress should bring back this outright regulation of the American political debate. Sen. Diane Feinstein (D.-Calif.) told "Fox News Sunday" that she was "looking at" bringing back the Fairness Doctrine, and Democratic Senators John Kerry (Mass.) and Dick Durbin (111.) have both expressly advocated its return. The top Democratic leadership of the House opposed a modest effort to pass a one-year moratorium on the Fairness Doctrine this summer.

According to recent polling, some Americans have a willing ear. In a recent Rasmussen national poll. 41% of those surveyed would require radio and TV stations to offer equal amounts of conservative and liberal commentary and only 41% would oppose. Liberals are even more supportive of the Fairness Doctrine than conservatives. They support the measure by a 51%-to-33% margin while conservatives are opposed by a 48%-to-40% margin. To those who cherish our broadcast freedom, we clearly have some work to do educating the nation.

Bringing back the Fairness Doctrine would amount to government control over political views expressed on the public airwaves. It is dangerous to suggest the government should be in the business of rationing free speech.

Congress must take action to ensure that this archaic remnant of a bygone era of American radio does not return. It was in this spirit that I introduced the Broadcaster Freedom Act last July. The act will prohibit the Federal Communications Commission from prescribing rules, regulations or policies that will reinstate the requirement that broadcasters present opposing viewpoints in controversial issues of public importance and will prevent the FCC or any future President from reinstating the Fairness Doctrine.

The Broadcaster Freedom Act is now cosponsored by all of the 202 Republican members of the House.

Only one Democrat, Rep. John Yarmuth (D.-Ky.). has cosponsored the bill, but my hope is that many Democrats will follow. More than 100 Democrats supported our one-year moratorium on the Fairness Doctrine this summer.

In the Senate. Republican Senators Norm Coleman (Minn.), Jim DeMint (S. C), John Thune (S.D.) and Jim Inhofe (OkIa.) have been leading the charge for broadcast freedom. Sen. Coleman introduced the Broadcaster Freedom Act as an amendment twice, only to be filibustered on the Senate floor.

John F. Kennedy stated, "We are not afraid to entrust the American people with unpleasant facts, foreign ideas, alien philosophies and competitive values. For a nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people."