Fairness Doctrine

The policy of the United States Federal Communications Commission that became known as the "Fairness Doctrine" is an attempt to ensure that all coverage of controversial issues by a broadcast station be balanced and fair. The FCC took the view, in 1949, that station licensees were "public trustees," and as such had an obligation to afford reasonable opportunity for discussion of contrasting points of view on controversial issues of public importance. The Commission later held that stations were also obligated to actively seek out issues of importance to their community and air programming that addressed those issues. With the deregulation sweep of the Reagan Administration during the 1980s, the Commission dissolved the fairness doctrine.

This doctrine grew out of concern that because of the large number of applications for radio station being submitted and the limited number of frequencies available, broadcasters should make sure they did not use their stations simply as advocates with a singular perspective. Rather, they must allow all points of view. That requirement was to be enforced by FCC mandate.

From the early 1940s, the FCC had established the "Mayflower Doctrine," which prohibited editorializing by stations. But that absolute ban softened somewhat by the end of the decade, allowing editorializing only if other points of view were aired, balancing that of the station's. During these years, the FCC had established dicta and case law guiding the operation of the doctrine.

In ensuing years the FCC ensured that the doctrine was operational by laying out rules defining such matters as personal attack and political editorializing (1967). In 1971 the Commission set requirements for the stations to report, with their license renewal, efforts to seek out and address issues of concern to the community. This process became known as "Ascertainment of Community Needs," and was to be done systematically and by the station management.

The fairness doctrine ran parallel to Section 315 of the Communications Act of 1937 which required stations to offer "equal opportunity" to all legally qualified political candidates for any office if they had allowed any person running in that office to use the station. The attempt was to balance--to force an even handedness. Section 315 exempted news programs, interviews and documentaries. But the doctrine would include such efforts. Another major difference should be noted here: Section 315 was federal law, passed by Congress. The fairness doctrine was simply FCC policy.

When CBS Evening News faded out on March 9, marking the end of Dan Rather's career as a network anchor, bubbly conservatives toasted a momentous victory in the struggle against liberal bias. I propose quite another tribute, this one to celebrate the newsman's part in championing the cause of free speech.

Dan Rather provided key expert testimony that figured prominently in the elimination of the Fairness Doctrine in August 1987. Some might suggest that by doing so, he unleashed a tide of real diversity in the opinion and news business, and thus helped seal the fate of his infamous 60 Minutes report on President Bush's National Guard service. Some would be right, but this irony does nothing to detract from Rather's important contribution to the demise of an egregious obstacle to the freedom of the press.

The Fairness Doctrine, instituted in 1949, mandated that each radio or TV station (a) feature news and (b) offer balanced perspectives. The penalty for noncompliance was, potentially, the loss of a license, thus encouraging broadcasters to offer news and opinion only in their mildest, least controversial form. Yet, the reigning assumption was that speech was being protected by the Fairness Doctrine, not inhibited.

The abolition of the Fairness Doctrine by Federal Communications Commission chairman Dennis Patrick brought a firestorm of protest. A bill to reinstate the doctrine passed the House 302-102 and the Senate 59-31, before being vetoed by President Reagan.

What led the FCC to this bold move was a 1985 report documenting the doctrine's "chilling effect" on speech. One historical gem it contained was the campaign launched by the Democratic National Committee after the 1963 Nuclear Test Ban Treaty encountered populist opposition. The Kennedy-Johnson administration blamed conservative radio shows, initiating (through the DNC) a system to monitor the airwaves and file extensive "fairness" complaints. As one operative later testified: "Our massive strategy was to use the Fairness Doctrine to challenge and harass right-wing broadcasters" into silence. The FCC concluded that the Fairness Doctrine provided "a pervasive and significant impediment to the broadcasting of controversial issues," and that news broadcasts and diverse viewpoints would flourish in its absence.

The prediction was dead on. Informational formats (news, talk, and public affairs), just 7 percent of all AM stations in 1987, jumped to 28 percent in 1995--dramatic statistical evidence of the doctrine's chilling effect.

Conservatives now worship talk radio, and liberals are scrambling to compete, if not reregulate. In 1993, Democrats rallied to revive the Fairness Doctrine; Democratic congressman Bill Hefner of North Carolina distributed a pro-Fairness Doctrine flyer condemning "TV and Radio Talk Shows that often . . . make inflammatory and derogatory remarks about our public officials." Grassroots outrage over the "Hush Rush [Limbaugh] Law" was given voice via talk radio, and the effort stalled. In 2000, however, the proposal resurfaced in the Democratic party platform.

While it's easy to ridicule the Fairness