The Unfair "Fairness" DoctrineBan the Fairness Doctrine

by James Gattuso, The Heritage Foundation: The debate over the Fairness Doctrine has up until now had a bit of a shadow-boxing quality to it. While opposition to the FCC rule has been abundant - it’s hard to turn on the radio without hearing some discussion of the issue - actual legislative proposals to reinstate the rule have been scarce. Politics, like nature, abhors a vacuum . . . Rep. Mike Pence (R-IN) has decided to take the offensive by introducing his own legislation to ban the FCC from

reinstating the rule. Specifically, Pence’s bill . . . provides that the Federal Communications Commission “shall not have the authority to prescribe any rule, regulation, policy, doctrine, standard, or other requirement that has the purpose or effect of reinstating or repromulgating” the Fairness Doctrine. While the bill’s chances for passage in the Democratic-controlled Congress are unclear, Pence’s bill is significant. First, it gives opponents of the Fairness Doctrine a clear goal around which to rally - endng the “will they or will they not” guessing game. Perhaps more importantly, the legislation potentially redefines the question at hand from “should regulation be imposed?” to “should regulation be allowed?” It’s a good question, and a debate well worth having.

by Tonny Perkins, FRC: Less than a month before the Democrats rode their tsunami-like wave into power, the leftwing radio company, Air America, filed for Chapter 11 bankruptcy. This should tell you something about the market for liberal talk radio. Rather than compete for audience share, liberals have screamed for government enforced equality. Enter the Fairness Doctrine. Issued by the FCC in 1949 and repealed in 1985, the Fairness Doctrine ordered broadcasters to give equal time to both sides of controversial issue. Rather than risk enforcement actions and wade through bureaucratic red tape, many broadcasters opted to air non-controversial material, which essentially killed healthy debate and discussion. To preempt liberals from resurrecting the Fairness Doctrine, Rep. Mike Pence (R-IN) has introduced the "Broadcaster Freedom Act." The bill strips the FCC of its authority to reinstitute the Fairness Doctrine, effectively codifying the status quo and protecting free speech. In Democracy in America, Alexis de Tocqueville distinguished democracy from socialism very succinctly when he said, "Democracy extends the sphere of individual freedom, socialism restricts it... Democracy and socialism have nothing in common but one word: equality. But notice the difference: while democracy seeks equality in liberty, socialism seeks equality in restraint and servitude." If the left wants equal time to express its views on the radio or television, they have the liberty to do so by starting their own programs and shows. In fact, in the larger media world including broadcast TV, public broadcasting, and print, the left predominates. The challenge for them is getting people to listen. To seek parity in talk radio by restraining the freedom of others is neither free, nor equal, nor fair. See also: Pence Proposes 'Broadcaster Freedom Act' to Prohibit Return of 'Fairness Doctrine'

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