Fergie's Tech Blog

4 August 1987: The FCC Rescinds the 'Fairness Doctrine'

The Fairness Doctrine is a former policy of the United States's Federal Communications Commission. It required broadcast licensees to present controversial issues of public importance, and to present such issues in an honest, equal and balanced manner.

In Red Lion Broadcasting Co. v. FCC (1969), the Supreme Court upheld the constitutionality of the Fairness Doctrine, under challenges that it violated the First Amendment. Although similar laws had been deemed unconstitutional when applied to newspapers (and the court, five years later, would unanimously overturn a Florida statute on newspapers), the Court ruled that radio stations could be regulated in this way because of the scarcity of radio stations.

Critics of the Red Lion decision have pointed out that most markets then and now are served by a greater number of radio stations than newspapers. Critics of the Fairness Doctrine believed that it was primarily used to intimidate and silence political opposition. Although the Doctrine was rarely enforced, many radio broadcasters believed it had a "chilling effect" on their broadcasting, forcing them to avoid any commentary that could be deemed critical or unfair by powerful interests.

The Doctrine was enforced throughout the entire history of the FCC (and its precursor, the Federal Radio Commission) until 1987, when the FCC repealed it in its Syracuse Peace Council decision which was upheld. The Republican-controlled commission claimed the doctrine had grown to inhibit rather than enhance debate and suggested that, due to the many media voices in the marketplace at the time, the doctrine was probably unconstitutional. Others, noting the subsequent rise of right-wing radio hosts like Rush Limbaugh, suggest the repeal was more likely motivated by a desire to get partisans on the air.

posted by Fergie @ 8/04/2006 12:01:00 AM