Fairness doctrine

For the concept of sovereign immunity, see Feres doctrine.

The fairness doctrine of the United States Federal Communications Commission (FCC), introduced in 1949, was a policy that required the holders of broadcast licenses both to present controversial issues of public importance and to do so in a manner that fairly reflected differing viewpoints.[1] In 1987, the FCC abolished the fairness doctrine,[2] prompting some to urge its reintroduction through either Commission policy or congressional legislation.[3] The FCC removed the rule that implemented the policy from the Federal Register in August 2011.[4]

The fairness doctrine had two basic elements: It required broadcasters to devote some of their airtime to discussing controversial matters of public interest, and to air contrasting views regarding those matters. Stations were given wide latitude as to how to provide contrasting views: It could be done through news segments, public affairs shows, or editorials. The doctrine did not require equal time for opposing views but required that contrasting viewpoints be presented. The demise of this FCC rule has been cited as a contributing factor in the rising level of party polarization in the United States.[5][6]

While the original purpose of the doctrine was to ensure that viewers were exposed to a diversity of viewpoints, it was used by both the Kennedy and later the Johnson administration to combat political opponents operating on talk radio. In 1969 the United States Supreme Court, in Red Lion Broadcasting Co. v. FCC, upheld the FCC's general right to enforce the fairness doctrine where channels were limited. However, the court did not rule that the FCC was obliged to do so.[7] The courts reasoned that the scarcity of the broadcast spectrum, which limited the opportunity for access to the airwaves, created a need for the doctrine.

The fairness doctrine is not the same as the equal-time rule, which is still in place. The fairness doctrine deals with discussion of controversial issues, while the equal-time rule deals only with political candidates.

  1. ^ "CBS v. Democratic Nat'l Committee, 412 U.S. 94 (1973)". Justia Law. Retrieved November 17, 2021.
  2. ^ Fletcher, Dan (February 20, 2009). "A Brief History of the Fairness Doctrine". Time. Retrieved October 10, 2021. It's as predictable as Rush Limbaugh sparking a controversy: every few years, someone in Congress brings up the Fairness Doctrine. In 1987 the FCC abolished the policy, which dictates that public broadcast license-holders have a duty to present important issues to the public and — here's the 'fairness' part — to give multiple perspectives while doing so.
  3. ^ Clark, Drew (October 20, 2004). "How Fair Is Sinclair's Doctrine?". Slate.
  4. ^ Boliek, Brooks (August 22, 2011). "FCC finally kills off fairness doctrine". Politico.
  5. ^ E. Patterson, Thomas (2013). "The News Media: Communicating Political Images". We the People. 10th ed. McGraw-Hill Education: 336.
  6. ^ Rendall, Steve (January 1, 2005). "The Fairness Doctrine: How We Lost it, and Why We Need it Back". Extra!. Retrieved October 2, 2017.
  7. ^ Red Lion Broadcasting Co. v. FCC, decided June 8, 1969, also at 395 U.S. 367 (1969) (Excerpt from majority opinion, III A; Senate report cited in footnote 26). Justice William O. Douglas did not participate in the decision, but there were no concurring or dissenting opinions.