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Topic: Fairness


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In the News (Wed 30 Dec 09)

  
 Fairness Doctrine - Wikipedia, the free encyclopedia
The Good Guys, The Bad Guys and The First Amendment: Free speech vs. fairness in broadcasting by Fred W. Friendly (Random House; 1976) (ISBN 0394497252) A history of the Red Lion case and the fairness doctrine.
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throughout the entire history of the FCC (and its precursor, the Federal Radio Commission) until 1987, when the FCC repealed it in the Syracuse Peace Conference decision in 1987.
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.
en.wikipedia.org /wiki/Fairness_Doctrine   (665 words)

  
 Fairness Doctrine
The Fairness Doctrine is a two-fold provision of the Communications Act of 1934 applied by the Federal Communications Commission to radio and television broadcasters throughout the United States.
In 1986, the constitutionality of the Fairness Doctrine was challenged in the appeals court.
The evolution of the Fairness Doctrine began with the Radio Act of 1927, which established a five-person Federal Radio Commission (FRC) to grant and evoke licenses, assign frequencies, and determine station power and locations.
knightdreamers.com /HomePage/SkyWatchersRealm/essays/fairness/fairness.htm   (1601 words)

  
 fairness doctrine on Encyclopedia.com
Fairness is in the eye of the beholder.
The fairness doctrine is dead and living in Israel.
Fairness doctrine on a roll: backers include Telecomsubcom ranking members.
www.encyclopedia.com /html/X/X-fairnessd.asp   (133 words)

  
 SavageStupidity.com - Fairness Doctrine
The Fairness Doctrine was enforced from 1949 through 1987, and compliance with it was a condition that broadcast licensees were required to comply with to receive and to renew their license.
Research demonstrates "that there was not a mass effort by broadcasters to begin or cease editorializing after the Fairness Doctrine was set aside by the FCC in 1987".
Without the leverage of the Fairness Doctrine, opposing and alternative viewpoints, even when willing and able to pay for the airtime, can and will be excluded from the airwaves.
www.savagestupidity.com /fairness-doctrine.html   (1329 words)

  
 Bring Back the Fairness Doctrine
The Fairness Doctrine was an ingenious device, because it empowered the public, not the government, to monitor the fairness of the airwaves.
In August 1987 the FCC repealed the Doctrine, claiming that it was unconstitutional, although the Supreme Court had ruled unanimously in 1969 that the Fairness Doctrine was not only constitutional but essential to democracy.
But under the Fairness Doctrine he had convinced radio stations to give him 1/2 to 1/3 as much time as the industry had bought.
www.sustainer.org /dhm_archive/search.php?display_article=vn209fairnessed   (852 words)

  
 RTNDA & NAB V. FCC & USA, No. 98-1305
Although the FCC disputes these contentions, it agrees that the fairness doctrine is dead, and that the political editorial and personal attack rules were initially derived, at least in part, from the fairness doctrine.
This is particularly so because the Joint Statement ignores the fact that the fairness doctrine also complemented s 315(a), illustrating the point that mere consistency with a statute does not justify a regulation; a statutory policy can be implemented in numerous ways, but the agency is limited to solutions that are not arbitrary and capricious.
Although repeal of the fairness doctrine could in theory have left the challenged rules intact, the Joint Statement never presents a plausible explanation why political editorials and personal attacks are sufficiently meaningful to warrant regulation when other kinds of topics, editorials, and attacks do not.
www.fcc.gov /ogc/documents/opinions/1999/rtnda.html   (7531 words)

  
 Fairness Doctrine
The history of the Fairness Doctrine goes back to the 1940 Mayflower decision when the FCC ruled that stations could not be used to advocate the causes of the licensee.
In addition, the Commission argued the Fairness Doctrine did not apply because scarcity was no longer valid and on the principle that the electronic press and printed press should be given the same First Amendment protection.
The decision was based on the TRAC case which said the Fairness Doctrine had not been codified into law through Congress, and the 1985 report which said scarcity no longer applied.
www.bsu.edu /classes/bell/broadcast_journalism/fairness.htm   (551 words)

  
 Fairness Doctrine, The Chilling Effect, and Television Editorials
In August 1987 the FCC said the Fairness Doctrine inhibited the presentation of controversial issues of public importance and had a "chilling effect" on the broadcast industry.
Since the Fairness Doctrine has not been completely abolished, stations may be hesitant to engage in additional controversial programming until the fate of the Fairness Doctrine is determined.
Using Tedford's (1985) definition of chilling effect, the effect of the Fairness Doctrine on controversial programming seems to have developed from confusion over the Fairness Doctrine, difficulty in adhering to its requirements and the imposition of unusually severe punishments, such as the loss of a license.
www.acs.appstate.edu /~spicelnd/fairdoc.htm   (911 words)

  
 Why The Fairness Doctrine Is Anything But Fair
Supporters of the fairness doctrine argue that because the airwaves are a scarce resource, they should be policed by federal bureaucrats to ensure that all viewpoints are heard.
Thus, the result of the fairness doctrine in many cases would be to stifle the growth of disseminating views and, in effect, make free speech less free.
As defined by proponents of the doctrine, "fairness" apparently means that each broadcaster must offer air time to anyone with a controversial view.
www.heritage.org /Research/Regulation/EM368.cfm   (1258 words)

  
 FCLJ Vol 47, No. 1 - Geller
Cronauer's comprehensive constitutional assault on the Fairness Doctrine center on two points: (1) too little attention is paid to the relationship between the doctrine and the public trustee concept; and (2) policy considerations pertinent to that concept should be determinative of the fairness dispute.
Removing the Fairness Doctrine would not accomplish this, since an administration intending to chill opposition would not seek to skew fairness rulings, which are subject to searching judicial scrutiny, but would try to manipulate the public trustee process, such as in the comparative renewal area.
The Fairness Doctrine is an integral and inevitable facet of this public trustee obligation.
www.law.indiana.edu /fclj/pubs/v47/no1/geller.html   (1974 words)

  
 How Fair Is Sinclair's Doctrine? - Is John Kerry entitled to avenge his Stolen Honor? By Drew Clark
The "fairness doctrine" dates back to 1927 and was premised on the notion that electromagnetic frequencies, being "scarce," needed to be rationed through a government-granted license.
The first is the "fairness doctrine" of the Federal Communications Commission, which required broadcasters to grant reply time to those who said their views were criticized.
The second are two corollaries of the doctrine—the "personal attack" rule and the "political editorial" rule—vestiges of the fairness doctrine that survived a while longer and then died in 2000.
www.slate.com /id/2108443   (910 words)

  
 MyDD :: More On The Fairness Doctrine
The Fairness Doctrine is an extremely popular idea, but when Democrats tried to pass the legislation in 1993, conservatives were able to defeat it.
The Fairness Doctrine doesn't require that each program be internally balanced, or mandate "equal time": It would not require that balance in the overall program line-up be anything close to 50/50.
In 1987 (when he was still the host of a local show in Sacramento), a bill to inscribe the Fairness Doctrine in federal law passed the House by 3 to 1, and the Senate by nearly 2 to 1, but it was vetoed by President Ronald Reagan.
www.mydd.com /story/2005/1/21/13622/8346   (2187 words)

  
 The Fairness Doctrine
One such obligation was the Fairness Doctrine, which was meant to ensure that a variety of views, beyond those of the licensees and those they favored, were heard on the airwaves.
Fowler vowed to see the Fairness Doctrine repealed, and though he would depart the commission a few months before the goal was realized, he worked assiduously at setting the stage for the doctrine’s demise.
Moreover, rather than increase debate and discussion of controversial issues, they argued, the doctrine actually chilled debate, because stations feared demands for response time and possible challenges to broadcast licenses (though only one license was ever revoked in a dispute involving the Fairness Doctrine— California Lawyer, 8/88).
www.fair.org /index.php?page=2053   (2478 words)

  
 NOW with Bill Moyers. Politics & Economy. What Happened to Fairness? PBS
When the fairness doctrine came before the courts in 1987, they decided that since the doctrine was not mandated by Congress, it did not have to be enforced.
In 1949, the FCC adopted the fairness doctrine, a policy that viewed station licensees as "public trustees" and, as such, responsible for addressing controversial issues of public importance.
Some journalists considered the fairness doctrine a violation of the First Amendment rights of free speech and free press; they felt reporters should be able to make their own decisions about balancing stories.
www.pbs.org /now/politics/fairness.html   (383 words)

  
 Chapter 10: Broadcast Media Regulation
Ultimately the fairness doctrine was repealed by the Commission, a decision which was then later upheld by the appellate courts.
The fairness doctrine was meant to insure that all sides of controversial issues aired over a broadcast station were represented.
Despite the demise of the fairness doctrine, there are two corollary doctrines which remain in effect.
www.open-oregon.com /New_Pages/media_handbook/chapter_10.html   (3171 words)

  
 Fairness Now -- In These Times
Critics argue that the Fairness Doctrine was confusing to stations and citizens alike, and that it was expensive and time-consuming to enforce.
The basic principle of the Fairness Doctrine—that radio and television stations have the obligation to address all sides of public controversy during the course of their broadcasting—was implied in the Communications Act of 1934, and then formalized in 1949.
But it was the elimination of the Fairness Doctrine in 1987 that created an ideological field that would, in fact, justify and celebrate this deregulation.
www.inthesetimes.com /site/main/article/2068   (1479 words)

  
 WorldNetDaily: Democrats long for 'Fairness Doctrine'
Fairness Doctrine proponents are decidedly anti-broadcaster, saying the media have betrayed the public trust.
A website dedicated to resurrecting the Fairness Doctrine is collecting signatures from Americans who support Slaughter's bill, H.R. 501, or the Fairness and Accountability in Broadcasting Act, which was introduced Feb. 1 and has 12 co-sponsors.
It's been nearly 20 years since the Fairness Doctrine – which said broadcasters had to provide "equal time" to opponents of political views expressed on the public airwaves – ruled the radio and TV industries.
www.worldnetdaily.com /news/article.asp?ARTICLE_ID=43863   (953 words)

  
 freedomforum.org: Democratic Party seeks reinstatement of Fairness Doctrine
The FCC unveiled the Fairness Doctrine in 1949 in an effort to require broadcasters to "afford reasonable opportunity for the discussion of conflicting views of public importance." But the FCC discarded the rule in 1987 because, despite its purpose, it failed to encourage the discussion of more controversial issues.
The Democrats' call for the return of the Fairness Doctrine also comes after the U.S. Court of Appeals for the D.C. Circuit imposed a Sept. 29 deadline on the FCC to resolve issues involving rules on personal attacks and political editorializing.
In a telephone interview, a party spokesman said the Fairness Doctrine portion was an amendment approved by the platform committee last month.
www.freedomforum.org /templates/document.asp?documentID=3840   (861 words)

  
 Dan Rather's Good Deed
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.
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.
www.weeklystandard.com /Content/Public/Articles/000/000/005/354qgawr.asp   (598 words)

  
 Fed-Soc.org - Hundting for New Meaning in the Fairness Doctrine - Fall 1997
First Amendment theorists have always thought that the effect of the Fairness Doctrine was to discourage controversial programs, because of the media's fear that any presentation of one side of the issue would trigger furious demands on the part of the other side.
Lessons from FCC Regulation of Radio Broadcasting," Cato policy analysis No. 270, Tom Hazlett and David Sosa recount the history of the Fairness Doctrine, showing that it and its regulatory precursors were deliberately used by Democrats and Republicans from Roosevelt to Nixon to silence broadcast stations that dared to criticize their policies.
Without unchecked delegation, the Fairness Doctrine would never have come into existence, nor would it be threatening to rise again.
www.fed-soc.org /Publications/practicegroupnewsletters/telecommunications/tc010303.htm   (779 words)

  
 FCLJ Vol 47 No. 2 - King
As a result, the Fairness Doctrine, which was born in 1959, was killed in 1987 by Ronald Reagan.
If we agree fairness is a goal, then we have to agree the industry will be fairer with a doctrine than without.
While not written in its charter, the driving force of the FCC is to keep tabs on voices that cannot speak but have as much right as anyone else to be heard.
law.indiana.edu /fclj/pubs/v47/no2/king.html   (959 words)

  
 The American Voice 2004 - Ask Dr. Dave - Answer - Media Fairness
But in 1986 the court held that the fairness doctrine derived from the FCC's mandate to serve the public interest and was not compelled by statute.
In August of 1987 the FCC dissolved the fairness doctrine.
In 1974 the FCC described the Fairness Doctrine as "…the single most important requirement of operation in the public interest—the sine qua non for grant of a renewable of license".
www.americanvoice2004.org /askdave/08askdave.html   (817 words)

  
 Regulation of Broadcasting in America
FCC rules that Fairness Doctrine was not codified in 1959, instead the law gave "first jurisdiction" to the FCC.
As we have noted, the corollaries of the Fairness Doctrine, the Political Editorial and Personal Attack rules, were not abolished until 2000.
Mayor Bradley went to the FCC asking it to force Buck's station to put her on the air by ending the suspension of the Fairness Doctrine and its corollaries (which the FCC was empowered to do according to TRAC and other court rulings).
www.csulb.edu /~crsmith/broad.html   (11791 words)

  
 The Carpetbagger Report » Blog Archive » How to bring back the "Fairness Doctrine"
In 1986, a federal court ruled that the Fairness Doctrine did not have the force of law and could be overturned without congressional approval.
Congress passed a bill to make the doctrine law but the bill was vetoed by President Reagan in 1987 and the Fairness Doctrine was abolished.
It was a requirement made by the Federal Communications Commission that came to be known as The Fairness Doctrine.
www.thecarpetbaggerreport.com /archives/4651.html   (927 words)

  
 2024922622-2633.html
The Banzhaf ruling dioes n,ot merely conflict with the fairness doctrine object~ve of encou:raging a, meaningful diiscussion of controversial public~ issues,.
In this connection we would out that in the recently d,ecidedl Red Lion case the court in find~ing that the fairness dd~tr~ne does not a£front the First Amendment, s.ta~ted:..~oreove:r, pet~ition,ers are not furnished with a man~- datory p~ogram format.,, nor does the Doctrine wh~cl%, iif any, conZroversial issuers are to be.
Ind, eed, during that period the Commission, in interpreting the fairnes:s doctrine, has found occasion to sharply distinguish between the explicit a~nd implicit raisin~g of con- tro~ersial issues in broad~c~sZ mater~al.
tobaccodocuments.org /pm/2024922622-2633.html   (2798 words)

  
 Federal Communications Commission and Cigarettes
Circuit Court of Appeals upholds the Fairness Doctrine application to cigarette advertising, reasoning "in view of the volume of cigarette advertising, existing sources are inadequate to inform the public of the nature and extent of the danger." FCC issues notice of proposed rule-making to ban broadcast cigarette advertising, absent voluntary action by the cigarette makers.
FCC votes to review Fairness Doctrine after ruling broadcasters don't have to air criticisms of a-gasoline that claimed to reduce air pollu- tion.
FCC decides to limit application of Fairness Doctrine to broadcast viewpoints rather than to product commercials, thus reversing its 1967 decision which applied the doctrine to a whole category of product advertising (cigarettes).
tobaccodocuments.org /ness/7613.html   (1718 words)

  
 Eva Ellsworth: In the "Public Interest" vs. What the Public Is Interested In
The Fairness Doctrine simply gave the public a chance to respond to views presented on those stations.
Since then Congresswoman Louise Slaughter (D-NY) and 12 co-sponsors have introduced H.R. 501, the "Fairness and Accountability in Broadcasting Act" modeled on "The Fairness Doctrine" which was rescinded in 1987.
Prior to the elimination of the Fairness Doctrine, radio and TV stations still aired opinion programs and aired commentaries.
mensnewsdaily.com /blog/ellsworth/2005/04/in-public-interest-vs-what-public-is.html   (1639 words)

  
 NewsMax.com: Inside Cover Story
During the days of the fairness doctrine, there were just 125 talk-radio stations up and down the dial nationwide.
Unlike the equal time rule for political candidates, the fairness doctrine required radio and TV stations to represent both sides of controversial opinions.
But those who say broadcasting has somehow been hurt without the fairness doctrine ignore the fact that talk radio is flourishing like never before.
www.newsmax.com /archives/ic/2003/9/15/232734.shtml   (380 words)

  
 Congressman Maurice Hinchey (NY22) :: Press Release :: Hinchey Vows To Reclaim Airwaves For Public
Starting with the Reagan Administration's elimination of the Fairness Doctrine and culminating with the establishment this week of the Powell Rules, big media corporations and their allies have succeeded in gradually pushing aside the public interest in favor of big profits.
The process began in earnest during the presidency of Ronald Reagan when his handpicked FCC chairman successfully fought to eliminate the Fairness Doctrine, which required that a broadcaster give equal time to opposing points of view.
· restore the Fairness Doctrine, requiring broadcast licensees to provide a reasonable opportunity for the discussion of conflicting views on issues of public importance,
www.house.gov /apps/list/press/ny22_hinchey/060503FCC.html   (831 words)

  
 Salon.com News Fair and balanced?
Rescinded in 1987 by the Federal Communications Commission, the original doctrine made sure that radio and television broadcasters covered political topics with fairness and balance.
Some Democrats are using Bush's pay-for-say media scandals to push for a new Fairness Doctrine for broadcasting.
Architects of the policy, established in 1949, concerned themselves with keeping the airwaves open to both opponents and proponents of public-policy issues.
www.salon.com /news/feature/2005/02/01/fairness/index_np.html   (234 words)

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