The Unfairness Doctrine

Statement

The Unfairness Doctrine

Driving through the Third District of Nebraska, more often than not, I find myself enjoying talk radio. I love the exchange of ideas, thoughts, and opinions in an entertaining format.

Freedom in the airwaves - enjoyed by so many across the country - has not always been assured, though. Nor is it safe in today's political climate.

In 1949, the Federal Communications Commission (FCC) began requiring broadcasters to present opposing viewpoints on controversial issues of public importance, the so-called "Fairness Doctrine." This included most opinion-based broadcasts, whether on television or radio.

The fairness doctrine resulted in a number of unintended consequences. The FCC's position resulted in a moratorium on all editorializing, and the result was many radio stations avoided hot-button topics. Because of the lack of clarity in the Commission's ruling, broadcasters opted to offer non-controversial programming in lieu of hours of paperwork or countless legal fees.

In the mid-1980's the FCC overturned the Fairness Doctrine and a court challenge upheld the FCC's decision. Both President Ronald Reagan and President George H.W. Bush vetoed attempts to reinstate it. As a result, broadcasters today are able to speak freely and talk radio has emerged as a powerful medium of ideas and opinions.

As Mark Fowler, FCC Chairman during the Reagan Administration put it, "The First Amendment says Congress shall make no law abridging the freedom of the press, and ‘no law' means no law."

When the Doctrine was first issued by the FCC in 1949, its advocates claimed it did not offend the First Amendment because the public was dependant upon information from a very limited number of government-licensed broadcast outlets. In today's world of multiple channels of AM and FM radio, satellite radio services, the Internet, and hundreds of channels of television this argument just doesn't hold water.

Recently, however, some have voiced support for regulating talk radio by reinstating the Fairness Doctrine, including Senator John Kerry (D-MA) and Senate Majority Whip Dick Durbin (D-IL). They claim it would be in the name of fairness, but in truth it is in the name of stifling voices with which they disagree.

The effect of re-imposing the Fairness Doctrine would be predictable: many broadcasters would drop programs which advocate a point of view on a controversial issue or issues. Worse, the FCC would be the arbiter of what is and what is not "controversial," and we can only guess how that may impact what is aired.

I am cosponsoring the Broadcaster Freedom Act (H.R. 2905), which would prohibit the FCC from adopting rules or policies reinstating the Fairness Doctrine. Furthermore, recently I voted for an amendment which would prohibit the FCC from using taxpayer dollars to impose the Fairness Doctrine on broadcasters. This amendment passed by a vote of 309 to 115.

The First Amendment is important, even if that means listening to news with which you do not agree. I look forward to working with my colleagues in the House of Representatives to continue to promote legislation which protects the free and unfettered expression of views. And now, back to your regularly scheduled programming...

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