First Amendment-Freedom of Speech

Fairness Doctrine

Definition: The “Fairness Doctrine” is not about fairness. It’s about censorship. It requires radio broadcasters to air -- at their expense -- opposing views whenever they broadcast any attack on some political figure or policy.

History: The Truman Administration ushered in the Fairness Doctrine in 1949 out of fears that an expanding corporate America would monopolize the radio and TV airways with conservative, or anti-liberal, thought. Truman had just won the presidency outright a year before and was unloading a pile of “Fair Deal” pseudo-socialist legislation on Congress, including, for example, national rent control and health care.

Bruce Fein arrived as the general counsel, working for Reagan’s appointed chairman, Mark S. Fowler, an attorney who had served in the President’s campaign. The two began dismantling the doctrine piece by piece. By 1987 it was gone. Democrats in Congress responded to Reagan by quickly enacting the doctrine into law. Reagan vetoed it.

Democrats have two avenues to restart government censorship. They appear to have sufficient votes in the House and Senate. Obama has said he sees no need for the Fairness Doctrine. But the new President is not about to veto a bill delivered up by the liberal leaders of his own party.

Or, the commission itself could adopt the rule. Obama has the power immediately to appoint one of the two Democrats on the panel as chairman, replacing Republican Kevin Martin. Commissioner Deborah Taylor Tate’s term expires in January. The President will nominate a Democrat, giving his party a 3-to-2 majority and the ability to re-impose the Fairness Doctrine even if Congress doesn’t.

On January 8, 2009 Representatives Mike Pence (R-Ind.) and Greg Walden (R-Ore.) and Senators Jim DeMint (R-S.C.) and Jim Thune (R-S.D.) introduced new bills to block the revival of the Fairness Doctrine. (Pence’s House bill is HR-226. DeMint’s senate bill is S-340). The House bill already has over 100 co-sponsors, and the Senate bill has 24.

How the Fairness Doctrine Effects You: The Fairness Doctrine would require conservative talk radio to spend a large part of its time praising liberals and their ideas. If it’s revived -- and from the comments of key Congressional leaders, we have to conclude they’re going to fight to get it -- it will be a direct attack on Americans’ constitutional rights to Free Speech and Freedom of the Press.