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Grasswire2

(13,565 posts)
Thu Mar 7, 2019, 03:12 AM Mar 2019

What would it take to restore the Fairness Doctrine?

Would Dems in the House support that?

As we hope for a takeover of the Senate in 2020, would there be enough support?

FOX has nearly destroyed the country. Something must be done to demand truth on the people's airwaves.

94 replies = new reply since forum marked as read
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What would it take to restore the Fairness Doctrine? (Original Post) Grasswire2 Mar 2019 OP
Dems should support it. elleng Mar 2019 #1
Hey gateley Mar 2019 #5
HEY, gate! elleng Mar 2019 #6
In my town, that meant that at the end of the day someone came on for 5 minutes SharonAnn Mar 2019 #82
How could that be applied in today's world? gateley Mar 2019 #2
This is what I'd like to know as well. jcmaine72 Mar 2019 #9
Begin with a definition of news and standards it must adhere to, Hortensis Mar 2019 #16
That would be unconstitutional except on the public owned airwaves GulfCoast66 Mar 2019 #24
Right, news isn't just broadcast over 3 networks. BUT, Hortensis Mar 2019 #15
So some kind of government agency reviewing all media GulfCoast66 Mar 2019 #25
Well, thanks for seemingly reading my stream of consciousness. Hortensis Mar 2019 #78
You are wrong on all fronts. GulfCoast66 Mar 2019 #79
Okay, thanks for wading through stream withdrawn. Hortensis Mar 2019 #80
This message was self-deleted by its author Cetacea Mar 2019 #75
It isn't going to happen, that door has unfortunately cllosed. Paddy Chayefsky fortold this still_one Mar 2019 #3
And news divisions no longer can be loss leaders. calimary Mar 2019 #7
Completely redoing our communications... TreasonousBastard Mar 2019 #4
Fox News is cable. The Fairness Doctrine never applied to cable television. Brother Buzz Mar 2019 #8
The Dems could run on this issue if it was framed as getting rid of "fake news" and requiring allgood33 Mar 2019 #10
You want democrats to run under a censorship banner. GulfCoast66 Mar 2019 #26
Thank you. Codeine Mar 2019 #28
I support censoring state sponsered TV stations Cetacea Mar 2019 #29
State sponsored TV stations? Like PBS? GulfCoast66 Mar 2019 #30
Has PBS stated that they are an arm of the Democratic Party? Cetacea Mar 2019 #33
So you only want to censor people who disagree with us? GulfCoast66 Mar 2019 #35
I suppport real journalism. Fox is legally an entertainment channel. Cetacea Mar 2019 #37
As do we all. But who gets to decide the definition of 'real'? GulfCoast66 Mar 2019 #40
And I'm sure my neighbors would support a bill Codeine Mar 2019 #45
Good idea. Both an extension of Fox. All three combine opinion shows with news. Cetacea Mar 2019 #46
Still a clear-cut and obvious violation Codeine Mar 2019 #67
I "imagine". Was Obama"imagining"? Cetacea Mar 2019 #72
This message was self-deleted by its author Cetacea Mar 2019 #77
You can yell fire in a theater all you want. GulfCoast66 Mar 2019 #81
Be my guest. But video or it didn't happen Cetacea Mar 2019 #86
Newspapers do that voluntarily, Codeine Mar 2019 #84
Feel free to write the Times and tell them it's nonsense Cetacea Mar 2019 #87
It would take a literal return to the 1950s/60s/70s jcmaine72 Mar 2019 #11
It would have to be written in a way that murielm99 Mar 2019 #13
That brings up huge First Amendment issues. Codeine Mar 2019 #18
This jcmaine72 Mar 2019 #19
That is what I was thinking. murielm99 Mar 2019 #88
Stiffer laws regarding labeling/disclaimers could be passed. Fox entertainment, for example. eom Cetacea Mar 2019 #31
I actually like that suggestion. jcmaine72 Mar 2019 #39
Hmmm Cetacea Mar 2019 #43
Again, you're butting up against the Constitution. Codeine Mar 2019 #44
Yet governments restrict war journailsm Cetacea Mar 2019 #47
State secrets would be one of the few Codeine Mar 2019 #64
Bush 1, fearing another Viet-Nam type backlash, restricted war journalists Cetacea Mar 2019 #69
Like DU for example ? MichMan Mar 2019 #83
Those poor Russian trolls would be exhausted. nt Codeine Mar 2019 #85
Reagan began ignoring the FD in 1987. According to experts, appalachiablue Mar 2019 #12
Coughlin was a scary lunatic. jcmaine72 Mar 2019 #20
Impossible to legislate or implement in the modern media environment... Baconator Mar 2019 #14
Very little media is "broadcast" anymore. Codeine Mar 2019 #17
Either a time machine or a Constitutional amendment onenote Mar 2019 #21
Or Democrats can attach it as a rider to must-pass legislation meow2u3 Mar 2019 #22
That won't prevent it from being struck down as unconstitutional onenote Mar 2019 #23
It was in force for decades with no challeng to its constitutionality DBoon Mar 2019 #32
Because media no longer utilizes publicly owned Codeine Mar 2019 #41
Because the "scarcity" of media that existed in the 1940s-1980s onenote Mar 2019 #42
The entire premise of the doctrine was based on allocation of scarce broadcasting resources jberryhill Mar 2019 #56
How does that overcome the fact that Codeine Mar 2019 #27
There you go.......Clouding the issue with facts again. WillowTree Mar 2019 #36
I'll just reiterate what others have said. It would be useless today The Genealogist Mar 2019 #34
People pushing government censorship to 'save our country' have lost their ability to detect Irony GulfCoast66 Mar 2019 #38
It would take the destruction of the internet and the return of only 3 networks scheming daemons Mar 2019 #48
+1 grantcart Mar 2019 #49
I'm personally against Turin_C3PO Mar 2019 #50
for Congress to have a spine and a sense of decency gopiscrap Mar 2019 #51
The Fairness Doctrine was based on federal licensing power over broadcasters. A failure to empedocles Mar 2019 #52
The Red Lion case did not result in the forfeiture of a license. onenote Mar 2019 #53
A federal shutdown of the internet and cable tv? theboss Mar 2019 #54
What would it take? rsdsharp Mar 2019 #55
I have the answer. Got the idea from Trump's reaction to FoxNews being blocked Baitball Blogger Mar 2019 #57
no kidding. good idea. nt Grasswire2 Mar 2019 #58
I see that Daily Kos is mounting an activist fight against FOX Grasswire2 Mar 2019 #59
If the Fairness Doctrine wont work, what will? Brawndo Mar 2019 #60
Imo, the fairness doctrine as a concept is nonsensical at best, and Oneironaut Mar 2019 #61
+1000 Power 2 the People Mar 2019 #62
How many people do you think watch Fox News every night? onenote Mar 2019 #63
This! Codeine Mar 2019 #65
2 to 3 million. But the propaganda spreads like a virus. Power 2 the People Mar 2019 #66
We really need to outlaw FNC since it is just hate speech... Joe941 Mar 2019 #68
"Hate speech is not free speech." FiveGoodMen Mar 2019 #71
Stop. Codeine Mar 2019 #73
A nation that believed in fairness FiveGoodMen Mar 2019 #70
Nothing will. Soon all broadcasting will be online KWR65 Mar 2019 #74
I can see it now... Act_of_Reparation Mar 2019 #76
Something should definitely get on the platform. BlancheSplanchnik Mar 2019 #89
Regulation of political speech. Codeine Mar 2019 #90
Regulation like the fairness doctrine. BlancheSplanchnik Mar 2019 #91
The fairness doctrine died with the Codeine Mar 2019 #92
Then count me in for countervailing speech. BlancheSplanchnik Mar 2019 #93
Whatever you did... jmowreader Mar 2019 #94

SharonAnn

(13,771 posts)
82. In my town, that meant that at the end of the day someone came on for 5 minutes
Thu Mar 7, 2019, 06:23 PM
Mar 2019

and gave a speech representing his side, right-wing conservatism.

It was not on prime time and I think the only ones who saw it were those of us who stay up late.

gateley

(62,683 posts)
2. How could that be applied in today's world?
Thu Mar 7, 2019, 03:24 AM
Mar 2019

When we only had three networks it was doable.

Don't know how we could expect publicly held companies -- especially since news is now under the entertainment umbrella -- to NOT pander to the audiences that will bring in the most viewers so they cn charge more for commercial time.

As a freshman congresswoman said, it's all about the Benjamins, baby.

I wish we could go back to the hour of nightly news with no sponsors, no agendas, but I honestly don't know how that could be done.

jcmaine72

(1,773 posts)
9. This is what I'd like to know as well.
Thu Mar 7, 2019, 03:55 AM
Mar 2019

With media being so diffuse today, how does the state even begin to enforce a reiteration of the FD?

Hortensis

(58,785 posts)
16. Begin with a definition of news and standards it must adhere to,
Thu Mar 7, 2019, 07:41 AM
Mar 2019

regardless of type of medium? A new Fairness Doctrine shouldn't be expected to be just like the last any more than news consumers can be expected to consume it in spoken form from 6 to 7 every evening in their living rooms.

On the plus side, today's problems are typically very complex. Nothing new about dealing with complexity.

GulfCoast66

(11,949 posts)
24. That would be unconstitutional except on the public owned airwaves
Thu Mar 7, 2019, 10:35 AM
Mar 2019

Even then I’m not sure it would pass muster with so many viewing options.

Hortensis

(58,785 posts)
15. Right, news isn't just broadcast over 3 networks. BUT,
Thu Mar 7, 2019, 07:10 AM
Mar 2019

America still desperately needs routine daily news people can rely on to be adequately informative. Although it's certainly largely about money for the 7 mostly giant international conglomerates that control most news, we know it's also become more and more about manipulating whole populations, above all their voters. It's not just profits.

We can make huge improvements with a redesigned Fairness Doctrine. Business and/or special interests just now have more avenues for offering news to create their product -- viewership, so the doctrine would cover them all. AND, a nice plus is that it wouldn't now only be available to those who tried to listen while helping children with homework, cooking and eating dinner, etc.

In addition to officially news channels/cable/websites being required to comply with a new Fairness Doctrine, we need something for all the other news purveying media.

Any medium that routinely provided what was legally considered news to a sizable audience (perhaps defined by scope of influence, geographic saturation, not just audience size -- and that some people get much of their news information from, such as some late-night comedy shows) could be considered a news source and its news offerings (like the reporting that typically kicks off hours of discussion) held to a basic legal standard. A "no yelling fire in a crowded nation" standard. No blatant lies masquerading as news information, however it was spun in definitively separated discussions.

Special boards/courts and constant review would be needed, of course, to protect freedom of speech and an informed public.

But this has become an existential issue around the planet, and experts in various fields and in many nations will have been working on solutions for years.

(Btw, "Benjamins" doesn't necessarily only refer to $100 bills. It can also carry an insinuation of Jews themselves, as well as the money Jews are supposed to be corrupting decent Christians with. Benjamin is one of the two Old Testament tribes that became the Jewish people, and Jerusalem was given to the tribe of Benjamin. When angry discussion of antisemitism is swirling around, its use could easily be misunderstood.)

GulfCoast66

(11,949 posts)
25. So some kind of government agency reviewing all media
Thu Mar 7, 2019, 10:38 AM
Mar 2019

For accuracy with power to change the message.

That would be a hard no from the Supreme Court. Thankfully so.

Hortensis

(58,785 posts)
78. Well, thanks for seemingly reading my stream of consciousness.
Thu Mar 7, 2019, 05:19 PM
Mar 2019
From this SCOTUS, increasingly dominated by very conservative, increasingly political-activist non-ideology, it would be expected to be. No thanks from me to them, though.

You mis-read though. It wouldn't be all media, but only those parts considered to be news product. Which is actually typically a very small part of the whole. MSNBC has very little news, but those "breaking stories" would be news (which might mean a lot less phoniness in that respect).

Anyway, how do you imagine the Fairness Doctrine worked except to require inclusion of certain content, i.e., "change to the message" that would have been without it?

The Cosby Show displacing half of ABC's World News Tonight, and the other half STILL today's carefully edited thin peanut butter "news" sandwiched between the thick, commercials bread of today's broadcast news?

Broadcast news today isn't even nutty peanut butter because that would cut the size of the audience, and the last of those don't-blink-or-you'll-miss-them segments is always an adorable story like three-year-olds playing with puppies to "send them away happy."

The Fairness Doctrine required a certain amount of time devoted to reporting real news, not whatever cleverly crafted mixture would cause the greatest number of people to sit through the commercials without clicking away.

GulfCoast66

(11,949 posts)
79. You are wrong on all fronts.
Thu Mar 7, 2019, 06:05 PM
Mar 2019

The fairness doctrine affected only government owned airwaves and was only allowed because there were so few choices. Basically 3. By the 80s that was changing with the advent of cable whoses content the government had absolutely no power to regulate due to our First Amendment. A much more liberal court than now really started constraining it.

And the fairness doctrine had nothing to do with news. And it required no content inclusion. But political opinions by broadcasters over public airwaves. If they gave an hour for one side they had to give the other point of view. Which effectively meant they gave no political points of view.

The government has no place in regulating speech.

Hortensis

(58,785 posts)
80. Okay, thanks for wading through stream withdrawn.
Thu Mar 7, 2019, 06:14 PM
Mar 2019

I recognize your position in your last statement, though.

Response to Hortensis (Reply #15)

still_one

(92,061 posts)
3. It isn't going to happen, that door has unfortunately cllosed. Paddy Chayefsky fortold this
Thu Mar 7, 2019, 03:24 AM
Mar 2019

eloquently inn Network.


The reason why is because the populace is not looking for fairness, they want "reality TV"



TreasonousBastard

(43,049 posts)
4. Completely redoing our communications...
Thu Mar 7, 2019, 03:25 AM
Mar 2019

Back when we had three national networks and a bunch of independent TV and radio stations, it kinda made sense. Now, however, with the huge number of outlets, it makes no more sense than regulating magazines and newspapers.

It all revolved around the licensing provisions of broadcast media-- cable news, blogs, Twitter, are not licensed and can't be held to narrow standards. There's that annoying 1st Amendment to deal with.

From Wiki...

The main agenda for the doctrine was to ensure that viewers were exposed to a diversity of viewpoints. In 1969 the United States Supreme Court upheld the FCC's general right to enforce the fairness doctrine where channels were limited. But the courts did not rule that the FCC was obliged to do so.[4] The courts reasoned that the scarcity of the broadcast spectrum, which limited the opportunity for access to the airwaves, created a need for the doctrine.

The fairness doctrine is not the same as the equal-time rule. The fairness doctrine deals with discussion of controversial issues, while the equal-time rule deals only with political candidates.
 

allgood33

(1,584 posts)
10. The Dems could run on this issue if it was framed as getting rid of "fake news" and requiring
Thu Mar 7, 2019, 03:58 AM
Mar 2019

standards of verifiable facts and truth. Trump has set the stage for us to be able to bring this issue up as a platform plank and legilative agenda issue. He has been the one to scream FAKE NEWS! So even a good portion of his base would embrace getting rid of "fake news." It's so easy to turn all Trump's rants against him.

Cetacea

(7,367 posts)
29. I support censoring state sponsered TV stations
Thu Mar 7, 2019, 10:51 AM
Mar 2019

It's up to dems to tell people that "It's the media, stupid".

Cetacea

(7,367 posts)
33. Has PBS stated that they are an arm of the Democratic Party?
Thu Mar 7, 2019, 10:57 AM
Mar 2019

I don't believe they have. Besides, they have moved to the right anyway.

GulfCoast66

(11,949 posts)
35. So you only want to censor people who disagree with us?
Thu Mar 7, 2019, 11:00 AM
Mar 2019

Sounds pretty authoritarian to me and not something I look for on DU.

I guess you would be fine with government having that power today?

Cetacea

(7,367 posts)
37. I suppport real journalism. Fox is legally an entertainment channel.
Thu Mar 7, 2019, 11:02 AM
Mar 2019

I support a bill that would enforce clarification of that little known fact for the benefit of voters.

GulfCoast66

(11,949 posts)
40. As do we all. But who gets to decide the definition of 'real'?
Thu Mar 7, 2019, 11:05 AM
Mar 2019

Would you want this government to have that power tomorrow?

 

Codeine

(25,586 posts)
45. And I'm sure my neighbors would support a bill
Thu Mar 7, 2019, 11:16 AM
Mar 2019

that would proclaim MSNBC or DemocracyNow! and entertainment organization. Luckily neither side has such power to pass or enforce such a blatantly unconstitutional law.

Cetacea

(7,367 posts)
46. Good idea. Both an extension of Fox. All three combine opinion shows with news.
Thu Mar 7, 2019, 12:01 PM
Mar 2019

Last edited Thu Mar 7, 2019, 04:05 PM - Edit history (1)

I kid . Fox cornered the market. Everyone caters to Fox, including most pols, including dems. Fox and 1500 radio stations pumping out Rush every day were the deciding factor in Trump's shutdown.

on edit: In fairness, MSNBC is excellent during the evening hours. But the morning shows are the most sought after in the marketplace, and "Morning Joe" is a right leaning show.

 

Codeine

(25,586 posts)
67. Still a clear-cut and obvious violation
Thu Mar 7, 2019, 02:41 PM
Mar 2019

of what is arguably the greatest freedom guaranteed in the Bill of Rights. That you would so blithely dispose of such a freedom is genuinely disturbing to me.

Once you give the government the freedom to label media, to declare it valid or invalid based on political and ideological whim, you’ve basically ceded any concept of a free and independent press. All this because you imagine that a news source has so much power that it represents an obstacle that cannot be overcome by education and countervailing speech.

Cetacea

(7,367 posts)
72. I "imagine". Was Obama"imagining"?
Thu Mar 7, 2019, 03:32 PM
Mar 2019

Some of my comments were a bit tongue-in-cheek but I by no means support censorship. Is food labeling unconstitutional? How about drug warnings? Do you honestly believe that the media is liberal? I think you misunderstood me. I'm merely suggesting that viewers be informed. Fox already has a disclaimer. I'm just suggesting it be displayed more prominently. Obviously the state of journalism is a subject that can be debated for years. I don't think anyone here is calling for censorship of news. Or opinions .

Response to Codeine (Reply #67)

GulfCoast66

(11,949 posts)
81. You can yell fire in a theater all you want.
Thu Mar 7, 2019, 06:18 PM
Mar 2019

If no one is hurt or nothing is damaged while you may be asked to leave for disturbing the performance, the the government can not penalized you for speaking.

If you cause a stampede and people get hurt you may get charged with public endangerment or causing a riot. But your very speech will not be penalized.

The fire in a theater thingy is so misused and inaccurate.

 

Codeine

(25,586 posts)
84. Newspapers do that voluntarily,
Thu Mar 7, 2019, 08:25 PM
Mar 2019

as a way to ensure - or convince - their readers that they’re maintaining a neutral stance on the news. It’s all nonsense, as no writer can be without bias, but that’s secondary. The point is that there is no government rule demanding that newspapers make this labeling distinction.

And yes, of course it’s okay to report that climate change is cyclical, or that the Earth is flat, or that God created the heavens and earth. It’s all patently wrong and utterly silly, but it’s all perfectly legal and protected speech.

Of course misinformation impacts elections. It always has, since the dawn of democracy. The problem is that any law that purports to outlaw or label misinformation will inevitably, probably immediately, be misused and abused by reactionary forces.

It is up to the voter and to the consumer of information to properly vet her sources, and to distinguish fact from fantasy. The government is not capable of honestly or reliably making that determination for her, and should never be granted the power to attempt to do so.

jcmaine72

(1,773 posts)
11. It would take a literal return to the 1950s/60s/70s
Thu Mar 7, 2019, 04:01 AM
Mar 2019

Media has changed a lot since then. It's far more diverse and dispersed than it was decades ago. The Fairness Doctrine very much reflected the limited media it was intended regulate. As it was originally written, it would probably be unenforceable today.

murielm99

(30,717 posts)
13. It would have to be written in a way that
Thu Mar 7, 2019, 06:13 AM
Mar 2019

would account for the new types of media.

Social media is being used by hate groups to spread propaganda. Laws would have to include social media.

 

Codeine

(25,586 posts)
18. That brings up huge First Amendment issues.
Thu Mar 7, 2019, 09:38 AM
Mar 2019

Propaganda is perfectly legal. I really don’t want to come to a point where the government can control or regulate my speech or writing. I’m not sure why any liberal person would welcome such a move.

jcmaine72

(1,773 posts)
19. This
Thu Mar 7, 2019, 09:49 AM
Mar 2019

Hate Speech laws akin to those found in Western Europe would be a far more effective tool in today's techno-cultural milieu. However, even those would run into crippling First Amendment issues. I personally favor such laws within reason, but will readily admit the opportunity for abuse is considerable.

murielm99

(30,717 posts)
88. That is what I was thinking.
Thu Mar 7, 2019, 09:58 PM
Mar 2019

Holocaust denial is punishable by law in Germany. We don't like holocaust denial here, but it is considered free speech. We would have to figure out what to do about that. We would have to work on making laws against hate speech, no matter what the platform or delivery system.

Silicon Valley seems unwilling to address the extremists on social media, and the results are becoming ever more violent. I think they don't care because of money, money, money.

According to my SPLC Intelligence Report, Zuckerberg told Recode that those who deny the holocaust "weren't intentionally getting it wrong." How stupid is that????

Also, Facebook consented to an independent civil rights audit. Facebook underrepresents some communities, including communities of color. AT THE SAME TIME, it announced an audit into whether or not they censor conservatives. The audit was led by Jon Kyl of Arizona, who has appeared with anti-Muslim extremists. So do they think there is an equivalency between civil rights and censoring conservative assholes?

We have a long way to go before we figure out how to do this. The abuse right now is on the side of those spouting hate speech. I think we will have to work with the European democracies to figure out how to do this.

jcmaine72

(1,773 posts)
39. I actually like that suggestion.
Thu Mar 7, 2019, 11:05 AM
Mar 2019

Imagine tuning into Tucker Carlson's show, for example, and being greeted by a disclaimer at the beginning of the show that states:"Everything this guy is about to say is complete and utter bullsh*t".

Yeah, I know no disclaimer would actually say such a thing, but it's funny thinking about it just the same.

 

Codeine

(25,586 posts)
44. Again, you're butting up against the Constitution.
Thu Mar 7, 2019, 11:12 AM
Mar 2019

Speech is, by and large and with a very few notable exceptions, not subject to government interference.

What gives the state the right to proclaim “News organization A is propaganda while new organization B is real news”? Would you like a group of Trump administration appointees regulating the labeling or content of Rachel Maddow’s programming?

You can’t legislate or regulate your way into a system whereby people can distinguish news from propaganda. You can only achieve this goal through education.

 

Codeine

(25,586 posts)
64. State secrets would be one of the few
Thu Mar 7, 2019, 02:35 PM
Mar 2019

restrictions, as I mentioned above. War journalists are out there in every conflict, though, gathering independent information.

Cetacea

(7,367 posts)
69. Bush 1, fearing another Viet-Nam type backlash, restricted war journalists
Thu Mar 7, 2019, 03:17 PM
Mar 2019

And W. added to them, ie, prohibiting photos of caskets returning.

MichMan

(11,868 posts)
83. Like DU for example ?
Thu Mar 7, 2019, 06:53 PM
Mar 2019

Should this site be forced to have an equal amount of RW posts too for fairness purposes?

appalachiablue

(41,103 posts)
12. Reagan began ignoring the FD in 1987. According to experts,
Thu Mar 7, 2019, 04:59 AM
Mar 2019

breaking up US media conglomerates and reinstating the Fairness Doctrine would involve the FCC and Sherman Anti Trust Act and is probably not going to happen. Even after decades of propaganda media saturating the US for thirty years.

The Fairness Doctrine was introduced in 1949 as partly a response to the propaganda influence of new radio media broadcasting utilized by reactionaries, 'grandfathers of hate radio'- in America Father John Coughlin, the 'Radio Priest' who broadcast from Michigan during the 1930s and was an extremist, racist and anti Semite. In Germany in the 1930s and 1940s, the influence of Joseph Goebbels, Nazi Propaganda Minister was lethal to the entire world. Following efforts by Joe Kennedy Sr., FDR and others, Father Coughlin was taken off the airwaves in the early 1940s as WWII started.



- Father John Coughlin, https://spartacus-educational.com/USAcoughlinE.htm



- Joseph Goebbels, Nazi Propaganda Minister

(Wiki). FCC Fairness Doctrine. The fairness doctrine of the United States Federal Communications Commission (FCC), introduced in 1949, was a policy that required the holders of broadcast licenses both to present controversial issues of public importance and to do so in a manner that was—in the FCC's view—honest, equitable, and balanced. The FCC eliminated the policy in 1987 and removed the rule that implemented the policy from the Federal Register in August 2011.
The fairness doctrine had two basic elements: It required broadcasters to devote some of their airtime to discussing controversial matters of public interest, and to air contrasting views regarding those matters. Stations were given wide latitude as to how to provide contrasting views: It could be done through news segments, public affairs shows, or editorials. The doctrine did not require equal time for opposing views but required that contrasting viewpoints be presented. The demise of this FCC rule has been considered by some to be a contributing factor for the rising level of party polarization in the United States.

The main agenda for the doctrine was to ensure that viewers were exposed to a diversity of viewpoints. In 1969 the United States Supreme Court upheld the FCC's general right to enforce the fairness doctrine where channels were limited. But the courts did not rule that the FCC was obliged to do so. The courts reasoned that the scarcity of the broadcast spectrum, which limited the opportunity for access to the airwaves, created a need for the doctrine.
The fairness doctrine is not the same as the equal-time rule. The fairness doctrine deals with discussion of controversial issues, while the equal-time rule deals only with political candidates...https://en.wikipedia.org/wiki/FCC_fairness_doctrine

jcmaine72

(1,773 posts)
20. Coughlin was a scary lunatic.
Thu Mar 7, 2019, 10:00 AM
Mar 2019

I had never heard of him until I reached college and a history professor played the class a tape (This was the very early 1990's) of one of his horrific speeches. The professor did not tell us who he was when he played us the tape, but rather listed ten names on the board and asked us to guess. Only one person in a class of 25 or so students chose the man with word "Father" before his name.

I even remember one classmate commenting before the professor revealed who the speech giver was, "Gee, I didn't know Hitler could speak English". For those unfamiliar with Father John Coughlin, that's exactly what a hateful crackpot he sounded like. It was an easy mistake to make.

 

Codeine

(25,586 posts)
17. Very little media is "broadcast" anymore.
Thu Mar 7, 2019, 09:36 AM
Mar 2019

Modern television is mostly received via cable or some form of streaming, which doesn’t involve public airwaves and would never have been subject to the Fairness Doctrine anyway. Fox News in particular would be outside the bounds of such a rule.

onenote

(42,585 posts)
21. Either a time machine or a Constitutional amendment
Thu Mar 7, 2019, 10:02 AM
Mar 2019

The Fairness Doctrine has zero chance of being held Constitutional in today's media environment.

meow2u3

(24,759 posts)
22. Or Democrats can attach it as a rider to must-pass legislation
Thu Mar 7, 2019, 10:32 AM
Mar 2019

That's how repukes sneak in unpopular laws that benefit their donors at our expense. So why can't we do likewise to benefit the average American?

DBoon

(22,340 posts)
32. It was in force for decades with no challeng to its constitutionality
Thu Mar 7, 2019, 10:56 AM
Mar 2019

Fairness Doctrine was the law of the land from the late 1940s to the 1980s

Why would its constitutionality be in question now?

onenote

(42,585 posts)
42. Because the "scarcity" of media that existed in the 1940s-1980s
Thu Mar 7, 2019, 11:07 AM
Mar 2019

and that was cited to justify the constitutionality of the FD doesn't exist anymore.

At best, and I think its unlikely, the FD could be re-imposed on broadcast radio/TV. But it wouldn't impact cable or satellite channels (like FoxNews, CNN, etc) or content streamed via the Internet.

 

jberryhill

(62,444 posts)
56. The entire premise of the doctrine was based on allocation of scarce broadcasting resources
Thu Mar 7, 2019, 01:03 PM
Mar 2019

In order to broadcast a television or radio signal, an FCC license is required to use the allocated channel space.

The technology only allowed so many television stations to operate in a given area.

That government grant and that scarcity due to technological constraints, drove the principle that licensees should be required to do a number of things in public service. One of those things was to grant equal air time to opposing views.

None of that is relevant to the present technological context.

The Genealogist

(4,723 posts)
34. I'll just reiterate what others have said. It would be useless today
Thu Mar 7, 2019, 11:00 AM
Mar 2019

FD only governed the airwaves. It would do nothing for the cable, internet, satellite, or print. And I doubt anything short of a constitutional amendment would save a reintroduced FD. I would guess the USSC would strike down any law like that in present day America. Best to spend resources on countering the RW noise machine in other ways.

GulfCoast66

(11,949 posts)
38. People pushing government censorship to 'save our country' have lost their ability to detect Irony
Thu Mar 7, 2019, 11:04 AM
Mar 2019

When you eliminate the 1st amendment you have effectively killed us as a free country.

Imagine if this government had the power to censor those they disagree with.

No fucking way and I can’t believe there are those on DU who hold such anti-liberal views.

 

scheming daemons

(25,487 posts)
48. It would take the destruction of the internet and the return of only 3 networks
Thu Mar 7, 2019, 12:09 PM
Mar 2019

In other words, it can't happen.


In the age of the internet, it is impossible to happen.

Turin_C3PO

(13,909 posts)
50. I'm personally against
Thu Mar 7, 2019, 12:23 PM
Mar 2019

reinstatement. I believe in opening people‘s eyes through education, not regulating networks or social media. It would be rightfully challenged in court as a 1st amendment case.

empedocles

(15,751 posts)
52. The Fairness Doctrine was based on federal licensing power over broadcasters. A failure to
Thu Mar 7, 2019, 12:39 PM
Mar 2019

follow the FCC 'fair and balanced' Rules and Regulations could, and sometimes did, in the Red Lion case, result in a forfeiture of a [valuable] broadcasting license] [I wrote for clients a few Petitions to Deny to the FCC for bad licensee behavior ]. The forfeiture penalty resulted in compliance with the Fairness Doctrine. The FCC, with the advent of cable's multiple channels [many not licensed], rescinded the Fairness Rule some years ago.

onenote

(42,585 posts)
53. The Red Lion case did not result in the forfeiture of a license.
Thu Mar 7, 2019, 12:52 PM
Mar 2019

The Red Lion case arose out of a claim by an individual that he had been the target of a "personal attack" broadcast by the station. Under the personal attack prong of the fairness doctrine, he was entitled to free time to respond. The station refused, he complained to the FCC and the FCC sided with the complainant, issuing an order directing the station to send a tape, transcript, or summary of the broadcast to the complainant and offer him free reply time. The station challenged that order and, ultimately, the Supreme Court ruled the FD, and the FCC order, were constitutional.

I believe that only one station, WLBT, ever lost its license permanently on fairness grounds and that was a particularly egregious case. For the most part, the actual impact of the FD was not nearly as significant as is sometimes suggested.

rsdsharp

(9,137 posts)
55. What would it take?
Thu Mar 7, 2019, 01:02 PM
Mar 2019

An act of God. McConnell would never let it come to a vote in the Senate, if he did it would fail, and if by some miracle it passed, Trump would veto it.

More to the point, Fox would not be affected at all. The Fairness Doctrine only applied to over-the-air broadcasts; Fox is cable.

It would have some impact on hate radio and Sinclair TV stations. I've long advocated for the return of the Fairness Doctrine, but it's not going to happen.

Baitball Blogger

(46,684 posts)
57. I have the answer. Got the idea from Trump's reaction to FoxNews being blocked
Thu Mar 7, 2019, 01:07 PM
Mar 2019

out of the Dem primary. Just keep blocking FoxNews out, and eventually, it will be the conservatives who will demand it back.

Brawndo

(535 posts)
60. If the Fairness Doctrine wont work, what will?
Thu Mar 7, 2019, 01:57 PM
Mar 2019

Fox News is a cancer on this nation, and left untreated it will kill its host. Education to counter propaganda would work in the long run but that doesn't help the immediate problem. Left to operate unobstructed they will push this country to civil war. Solutions?

Oneironaut

(5,486 posts)
61. Imo, the fairness doctrine as a concept is nonsensical at best, and
Thu Mar 7, 2019, 02:01 PM
Mar 2019

outright authoritarian at worst. Also, I question whether or not using a fairness doctrine for TV, for example, would lead to less disinformation. The original didn’t ban disinformation (an already subjective concept) - it only requires presenting the opposite side of an argument.

Fox News, for example, arguably does that already. However, they strawman opposing viewpoints. How would you stop that without designating which opinions are “correct” and enforcing based on that?

FiveGoodMen

(20,018 posts)
71. "Hate speech is not free speech."
Thu Mar 7, 2019, 03:27 PM
Mar 2019

I wholeheartedly agree.

But I've seen far too many on THIS SITE who don't.

We'll certainly never win till we're all pulling in the same direction.

KWR65

(1,098 posts)
74. Nothing will. Soon all broadcasting will be online
Thu Mar 7, 2019, 03:43 PM
Mar 2019

The Government can't regulate online broadcasting. Over the Air TV and Radio is going the way of the dinosaur.

Act_of_Reparation

(9,116 posts)
76. I can see it now...
Thu Mar 7, 2019, 04:49 PM
Mar 2019

Neo-nazis, anti-vaxxers, and lizard illuminati conspiracists all demanding equal representation on the news.

I'll pass.

BlancheSplanchnik

(20,219 posts)
89. Something should definitely get on the platform.
Thu Mar 7, 2019, 10:04 PM
Mar 2019

We need some kind of regulation badly. Fux is so goddamn destructive.....

BlancheSplanchnik

(20,219 posts)
91. Regulation like the fairness doctrine.
Fri Mar 8, 2019, 10:36 AM
Mar 2019

If I should use a different word, fine. Tell me that. But rolling your eyes at a call for some power against propaganda doesn’t seem like an eye roller to me.

 

Codeine

(25,586 posts)
92. The fairness doctrine died with the
Fri Mar 8, 2019, 11:11 AM
Mar 2019

end of broadcast media. News no longer depends on publicly owned airwaves, so any attempt to regulate their speech is an unconstitutional encroachment.

And yeah, I roll my eyes at the notion that we should be attempting to make a political stance built around the idea that free speech needs to be cut back. That’s a losing argument on its face.

Propaganda is fought not with regulation, not with the clawing back of rights, not with calls for labeling news shows, but with education and countervailing speech.

BlancheSplanchnik

(20,219 posts)
93. Then count me in for countervailing speech.
Fri Mar 8, 2019, 11:27 AM
Mar 2019

My mistake then, I really used the wrong terms, since I’m not against free speech. I’m well aware of the dangers of repressing that freedom. At the same time, I’m distressed by the NOT good faith use of airwaves by an enemy broadcaster. Fux is an enemy, in my view.

What I’d like is a new, massive Democratic network. But that’s as DOA as the fairness doctrine, for logistical, and many other reasons.

I’m all out of any other bright ideas for now.

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