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The unfairness of a Fairness Doctrine

Proposals by some Democrats are really just aimed at cracking down on conservative talk radio.

March 03, 2009|Brian C. Anderson, Brian C. Anderson is the editor of City Journal and the coauthor, with Adam Thierer, of "A Manifesto for Media Freedom."

That the Democrats are keen to crack down on conservative talk radio -- crack down on free speech they don't like, that is -- is now impossible to deny.

Two approaches are being contemplated. The one getting the most attention involves creating a new Fairness Doctrine. The old doctrine was a Federal Communications Commission regulation, codified in the late 1940s, that required radio and television broadcasters to provide airtime to opposing viewpoints and to cover issues of concern to their communities. The FCC, encouraged by the Reagan administration, junked the doctrine 22 years ago, rightly recognizing that the rule wasn't so much mandating fairness as imposing a government-backed curb on free expression.


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But now, leading Democrats have been openly urging its resuscitation. Though the new doctrine would apply to broadcast television as well, the Democrats' real target is AM radio, where opinion is open and vociferous and where right-of-center talk shows dominate ratings -- the one medium in which conservatives and libertarians have an advantage.

"You either ought to have the Fairness Doctrine or we ought to have more balance on the other side," Bill Clinton argued the other day, "because essentially there's always been a lot of big money to support the ... talk shows." And Sen. Debbie Stabenow (D-Mich.) told liberal radio host Bill Press, "I think it's absolutely time to pass a [fairness] standard." Stabenow promised congressional hearings by the end of the year.

Although the Obama administration has said it is not inclined to support a new Fairness Doctrine, other top Democrats who have endorsed, or at least seemed sympathetic to, the idea include congressional leaders Nancy Pelosi and Harry Reid as well as Sens. Tom Harkin and John Kerry (who blamed his loss in 2004 on the regulation's absence).

But here's the reality: A new Fairness Doctrine, which could be imposed either by legislation or through FCC rule changes, wouldn't achieve more balance. Rather, it would obliterate political talk radio. If a station ran a popular conservative show -- say, Hugh Hewitt's -- it would face pressure to run a liberal alternative, even though almost all left-leaning efforts to date have failed to capture either listeners or advertising revenue.

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