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PENCE OP-ED: SEND THE FAIRNESS DOCTRINE TO THE ASH HEAP OF BROADCAST HISTORY
Washington,
Aug 14, 2007 -
Washington, DC--U.S. Congressman Mike Pence authored the following op-ed that's running on Human Events' website on the need to keep the Fairness Doctrine from being reinstated.
The American people love a fair fight and so do I, especially where the
issues of the day are debated. In a free market, fairness should be
determined based upon equal opportunity, not equal results. Some voices
are calling for Congress to enforce their idea of “fairness” on our
broadcast airwaves. But our nation should proceed with caution whenever
some would achieve their “fairness” by limiting the freedom of others.
Beginning
in 1949, the Federal Communications Commission and its precursor
developed and enforced the so-called Fairness Doctrine. The Fairness
Doctrine required broadcasters to present controversial issues in a
fair and balanced manner. But there's nothing fair about the Fairness
Doctrine. To avoid administrative costs and hours of paperwork and
legal fees, broadcasters opted to offer noncontroversial programming.
As a result, talk radio, as we know it today, simply did not exist.
Recognizing
the chilling effect that the regulation was having on broadcast
freedom, the FCC began to overturn its own ruling on the Fairness
Doctrine in 1985. Following that change in policy and President
Reagan’s veto of attempts to reinstate it, the results have been
dramatic.
The lifting of the Fairness Doctrine opened the
public airwaves to a free and vigorous discussion of controversial
issues that never existed before its repeal. When Rush Limbaugh began
his legendary career, there were 125 talk radio stations in America.
Today there are 2,000. While Limbaugh, Sean Hannity and other
conservative giants dominate the national syndicated market, many
moderate and liberal programs succeed admirably at the local level. Since
the demise of the Fairness Doctrine, talk radio has emerged as a
dynamic forum for public debate and an asset to the nation.
Unfortunately,
in the name of fairness, there has been much talk recently about the
need to level the playing field of radio broadcasting by restoring this
archaic regulation of radio and television.
The liberal Center
for American Progress published a report entitled, "The Structural
Imbalance of American Talk Radio" in June of this year. The foundation,
which is run by former Clinton Chief of Staff John Podesta, lamented
the "massive imbalance" of the radio airwaves in a report calling for a
whole range of new content and ownership regulations. While stopping
short of calling for a return of the Fairness Doctrine, the Podesta
group advocated new regulations that could have even a greater chilling
effect on broadcast freedom.
Some of the nation's most powerful
elected officials have said that Congress should bring back this
outright regulation of the American political debate. Sen. Diane
Feinstein told Fox New Sunday that she was "looking at" bringing back
the Fairness Doctrine and Sen. John Kerry and Sen. Dick Durbin have
both expressly advocated its return. The top Democratic leadership of
the House opposed a modest effort to pass a one-year moratorium on the
Fairness Doctrine this summer. Leading voices in the Democratic Party,
in and out of public office, are advocating a return to regulation of
the broadcast airwaves of America.
According to recent polling,
some Americans have a willing ear. In a recent Rasmussen national poll,
41 percent of those surveyed would require radio and TV stations to
offer equal amounts of conservative and liberal commentary and only 41
percent would oppose. Liberals are even more supportive of the Fairness
Doctrine than conservatives. They support the measure by a 51 to 33
percent margin while conservatives are opposed by a 48 to 40 percent
margin. To those who cherish our broadcast freedom, we clearly have
some work to do educating the nation.
Bringing back the
Fairness Doctrine would amount to government control over political
views expressed on the public airwaves. It is dangerous to suggest the
government should be in the business of rationing free speech. During
my years in radio and television, I developed a great respect for a
free and independent press. Since being in Congress, I have been the
recipient of praise and criticism from broadcast media, but it has not
changed my fundamental belief that a free and independent press must be
vigorously defended by those who love liberty and limited government.
Congress
must take action to ensure that this archaic remnant of a bygone era of
American radio does not return. It was in this spirit that I introduced
the Broadcaster Freedom Act in July of this year.
The
Broadcaster Freedom Act will prohibit the Federal Communications
Commission from prescribing rules, regulations, or policies that will
reinstate the requirement that broadcasters present opposing viewpoints
in controversial issues of public importance. The Broadcaster Freedom
Act will prevent the FCC or any future President from reinstating the
Fairness Doctrine.
Thanks to the strong support of Minority
Leader John Boehner, Minority Whip Roy Blunt and radio station owner
and broadcaster Rep. Greg Walden (R-OR), the Broadcaster Freedom Act is
now cosponsored by all of the 202 Republican members of the House.
This
unanimous Republican support for any measure is rare and demonstrates
the GOP's strong opposition to broadcast censorship. Only one Democrat,
Rep. John Yarmuth (D-Ky.) has cosponsored the bill but my hope is that
many Democrats will follow. More than 100 Democrats supported our
one-year moratorium of the Fairness Doctrine this summer. In the
Senate, Sen. Norm Coleman, Sen. Jim DeMint, Sen. John Thune and Sen.
Jim Inhofe have been leading the charge for broadcast freedom. Sen.
Coleman introduced the Broadcaster Freedom Act as an amendment twice,
only to be filibustered on the Senate floor. These Republican leaders,
and Minority Leader Mitch McConnell, should be commended for their
strong stand against censorship of the airwaves.
The time has
come to do away with the Fairness Doctrine once and for all. The
Broadcaster Freedom Act would ensure that no future president could re
regulate the airwaves of America without an act of Congress and it
should be sent to the president's desk.
John F. Kennedy stated,
“We are not afraid to entrust the American people with unpleasant
facts, foreign ideas, alien philosophies, and competitive values. For a
nation that is afraid to let its people judge the truth and falsehood
in an open market is a nation that is afraid of its people.” America
is a nation of freedom and strong opinion. Our government must not be
afraid to entrust our good people with all the facts and opinions
necessary to make choices as an informed electorate. Let's pass the
Broadcaster Freedom Act and consign the Fairness Doctrine to the ash
heap of broadcast history where it belongs.
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