http://www.twf.org/News/Y1997/Fairness.htmlReleased: July 25, 1997
WASHINGTON, DC -- The passing of media ownership into fewer hands, the potential for conflicts of interests, and the virtual exclusion of significant opposing viewpoints are good reasons to reevaluate the broadcasting Fairness Doctrine, and it's potential for obtaining more balanced coverage of Islam and Muslims.
The Fairness Doctrine from 1949 until 1987, when it was discontinued by the Federal Communications Commission, required broadcasters, as a condition of getting their licenses from the FCC, to cover controversial issues in their community, and to do so by offering some balancing views. It did not require equal time for opposing views. It merely prevented a station from day after day presenting a single view without airing opposing views.
The fairness doctrine's constitutionality was upheld by the U.S. Supreme Court in the landmark 1969 case, Red Lion Broadcasting v. FCC (395 U.S. 367). The Court ruled that it did not violate a broadcaster's First Amendment rights. Five years later, however, in Miami Herald Publishing Co. v. Tornillo (418 U.S. 241), without ruling the doctrine unconstitutional, the Court concluded that the doctrine "inescapably dampens the vigor and limits the variety of public debate". In 1984, the Court concluded that the scarcity rationale underlying the doctrine was flawed and that the doctrine was limiting the breadth of public debate (FCC v. League of Women Voters, 468 U.S. 364).
The Court's decision led to the FCC reevaluation and discontinuance of the Fairness Doctrine. The FCC stated: "We no longer believe that the Fairness Doctrine, as a matter of policy, serves the public interests. In making this determination, we do not question the interest of the listening and viewing public in obtaining access to diverse and antagonistic sources of information. Rather, we conclude that the Fairness Doctrine is no longer a necessary or appropriate means by which to effectuate this interest. We believe that the interest of the public in viewpoint diversity is fully served by the multiplicity of voices in the marketplace today and that the intrusion by government into the content of programming occasioned by the enforcement of the doctrine unnecessarily restricts the journalistic freedom of broadcasters. Furthermore, we find that the Fairness Doctrine, in operation actually inhibits the presentation of controversial issues of public importance to the detriment of the public and in degradation of the editorial prerogative of broadcast journalists."
In 1987 a bill to place the Fairness Doctrine into federal law passed the House by 3 to 1, and the Senate by nearly 2 to 1, but it was vetoed by President Ronald Reagan. Among those voting for the bill were Rep. Newt Gingrich (R-Ga.) and Sen. Jesse Helms (R-N.C.). In 1989 the Fairness Doctrine easily passed the House again, but didn't proceed further as President George Bush threatened to veto it. In 1991, hearings were again held on the doctrine, but President Bush's ongoing veto threat stymied passage.
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