Debate over reinstating the Fairness Doctrine abounds particularly within the context of a new liberal Presidential administration. I understand the issue will basically put talk radio out of business because advertisers will not want to buy airtime during scantly listened to liberal broadcasting. Talk radio, dominated by conservatives, flourishes on the AM band. Liberal's attempt to make a go of it on talk radio have failed miserably. They drew a small audience and cannot afford to stay in business. Conservatives, on the other hand, revived AM radio, saved a plethora of smaller markets, and attracted billions in advertising dollars.
Since I stand as a legal illiterate, I leave the legal comments to the experts like Jay Sekulow of the
American Center for Law and Justice. Dr. Sekulow recently posted a history and transpicuous analysis of the Fairness Doctrine. Although President Obama publicly stated he does not favor the FD, he recently
designated Democratic Commissioner Michael Copps to serve as acting Chairman of the Commission pending the formal nomination and confirmation of a new FCC Chairman. This prompted Sekulow to concern himself with the matter once again. Sekulow reminds us:Copps, a known friend of the Fairness Doctrine, made the
following remarks about broadcaster freedom during a 2007 conference in Memphis, Tennessee:
Half a trillion dollars. That’s a conservative valuation of the airwaves that our
country lets TV and radio broadcasters use – for free . . . And what do the
American people – who own the public airwaves, by the way – get in return? Too
little news, too much baloney passed off as news, too little quality
entertainment, too many people eating bugs on reality TV, too little local
and regional music, too much brain-numbing national playlists, too little of
America, too much of Wall Street and Madison Avenue. That’s what we get for
half a trillion dollars. It’s one h--- of a bad bargain, don’t you think?37
In 2008, Chairman Copps further opined that the FCC ought to “make sure our airwaves are
open and covering a lot of local events, covering local political races, making sure viewers and
listeners both can benefit from a clash of antagonistic ideas and issues being covered. . . . We
need to have debate about how you keep these airwaves serving the public interest and
nourishing the public dialogue our democracy depends on.”
While Copps is currently serving as acting Chairman of the Commission, reports indicate
that, should his nomination clear the Senate Commerce Committee, Julius Genachowski will
head the FCC as the new Chairman under President Obama. Unfortunately for those who fear
the chilling effect of the Fairness Doctrine on free speech, Genachowski has given few hints as
to where he stands on the doctrine. While he has neither expressly embraced nor rejected the
Fairness Doctrine, Genachowski has exhibited support for “media ownership rules that promote
a diversity of voices on the airwaves.” Interestingly, he also served as a former aide to pro-
Fairness Doctrine stalwart, Senator Schumer.
While President Obama reportedly does not support repromulgation of the Fairness
Doctrine, the current refitting of the FCC could represent the President’s backhanded effort to
revive the doctrine. Furthermore, President Obama’s recent advice to GOP leaders to stop
listening to conservative talk radio host Rush Limbaugh has given broadcasters yet another
reason to fear that they will soon see an end to their First Amendment rights on the airwaves.
Read Sekulow's entire piece here.