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The Fairness
Doctrine
Johnny Carson’s typical “Fairness
Doctrine” responder, Floyd Turbo
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Who gets to speak on the
public airwaves?
• FCC created in 1934
• All licensed stations must operate
“public interest, convenience and
necessity.”
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Radio shows its power for
good and evil in 1930s
From top left
counterclockwise:
Father John
Coughlin; FDR
having a “fireside
chat” with his huge
radio audience;
Louisiana’s Huey
Long; you know
the next guy
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FCC asserts authority during
wartime
• (1941) Report on Chain Broadcasting:
NBC’s “Red” and “Blue” networks
constitute an unfair monopoly
• NBC in response divests itself of the Blue
network, which later becomes the
American Broadcast Corporation
• (1941) Mayflower decision: Radio stations
cannot editorialize
• (1942) takes over all short wave radio
stations
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FCC creates its “Fairness Doctrine”
• 1949: FCC says stations can
editorialize as long as they provide
equal time for other perspectives
•
Broadcasters must devote "a reasonable
amount of time to coverage of
controversial issues of public importance";
and "do so fairly by affording a reasonable
opportunity for contrasting viewpoints to be
voiced on these issues."
(1) that every licensee devote a reasonable
portion of broadcast time to the discussion
and consideration of controversial issues of
public importance; and
(2) that in doing so, [the broadcaster must be]
fair – that is, [the broadcaster] must
affirmatively endeavor to make ... facilities
available for the expression of contrasting
viewpoints held by responsible elements
with respect to the controversial issues
presented.
Senator Helen Douglas of
California
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FCC extends “Fairness
Doctrine”
• 1964: Extends principle to
cigarette commercials
• 1967: FCC issues personal
attack rule (station has a
week to notify attacked and
offer equal time)
• 1969: In Red Lion v. FCC
supreme court supports
Fairness Doctrine
"If God didn't want us to hunt, He
• 1971: Congress bans
cigarette advertising on wouldn't have given us plaid shirts; I
only kill in self defense—what would
television
you do if a rabbit pulled a knife on
you?” –Floyd Turbo, comic Fairness
Doctrine responder
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The Red Lion decision, 1969
• Journalist Fred Cook asks for
right to respond to a radio
station that made a personal
attack on him
• Supreme Court says he should
get it:
•
“Because of the scarcity of radio frequencies,
the Government is permitted to put restraints
on licensees in favor of others whose views
should be expressed on this unique medium.
But the people as a whole retain their interest
in free speech by radio and their collective
right to have the medium function
consistently with the ends and purposes of
the First Amendment. It is the right of the
viewers and listeners, not the right of the
broadcasters, which is paramount.”
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WLBT-TV
• Appellate court orders FCC to order
apply the Fairness Doctrine to WLBTTV in Jackson, Mississippi
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FCC abandons Fairness
Doctrine in 1987
• Broadcasters says doctrine has “chilling effect”
on media
• “the doctrine’s affirmative use of government
power to expand broadcast debate would
seem to raise a striking paradox, for freedom of
speech has traditionally implied an absence of
governmental supervision or co ntrol. Throughout
most of our history, the principal function of the
First Amendment has been to protect the free
marketplace of ideas by precluding government
intrusion.”
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Conservatives say FCC is trying
to secretly bring back the
Fairness Doctrine!
• “The Fairness
Doctrine is coming.
They are going to
do everything they
can to silence our
voices.” –Glenn
Beck
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Is spectrum still scarce?
• Broadcasters argue that since there
are more TV and radio stations than
ever before, there’s no more
spectrum scarcity problem
• But wireless companies say that they
need more spectrum!