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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

• 1971: Congress bans cigarette advertising on television

"If God didn't want us to hunt, He wouldn't have given us plaid shirts; I only kill in self defense—what would 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 WLBT-TV 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!