The Fairness Doctrine
MAP continues its longstanding effrort to establish, once and for all, the future of broadcasters’ obligations to provide coverage of diverse viewpoints under the “fairness doctrine.” The doctrine presents broadcasters (and, arguably, cable programmers) with two simple requests: to cover issues of public importance, and to do so fairly. (It also ensures reply time for political candidates and others where the equal time laws do not — for example, to independent expenditure attack ads, personal attacks and broadcast appearances by supporters of a candidate.)
For fifty years, the fairness doctrine advanced the public’s First Amendment right to receive information on important issues. The fairness doctrine arises from the principle, reaffirmed by Congress and the United States Supreme Court, that broadcasters have special public trustee obligations, which they voluntarily incur in exchange for the exclusive use of scarce public airwaves.
In 1987, the FCC stopped enforcing most applications of the fairness doctrine. It relied upon a controversial opinion of the U.S. Court of Appeals for the D.C. Circuit, written by Judge Bork and then-Judge Scalia, that characterized the doctrine as discretionary, rather than mandatory. The decision contravened 25 years of FCC holdings that the doctrine had been put into law in 1959. In late 1991, the FCC extended its policy and ceased enforcing the doctrine as to ballot issues as well.
MAP has repeatedly asked the FCC to reconsider this decision. Most recently, in August 1994, MAP filed a petition asking the FCC to reinstate the doctrine on the basis that it is required by the 1959 amendments to the Communications Act. The agency has thus far refused to act on the petition.
Additional Resources on the Fairness Doctrine:
- Is a Fairness Doctrine Needed Today?: Let’s Restore Fairness to Broadcasting, by Gigi B. Sohn, Deputy Director, Media Access Project and published in World & I. (_January 1994_)