Defending the Airwaves

By 

Jay Sekulow

|
June 24, 2011

4 min read

Free Speech

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In the last two weeks, we have initiated two major projects at the American Center for Law & Justice.  Both involve the right to proclaim biblical worldviews on television and radio.  The first situation is actually in federal court.  The case is a fascinating issue and an important one involving the use of a phrase by a Christian radio station.  We think it is important that words and phrases of common usage, that also have a biblical component or potential biblical worldview, be able to be utilized by broadcasters in conveying messages.  The moment that key phrases and words can become off limits by broadcasters is the beginning of a dangerous trend of not only censorship but the diluting of a message.  We have assembled an expert team to handle this case and will keep everybody posted as it progresses.

 

I have handled similar cases in the past and have always found that it is important to make sure we can keep the airwaves open for the proclamation of the Gospel and the communication of a biblical worldview.  Interestingly, these cases present interesting and important legal issues for all communicators.  We are pleased to be representing this Christian radio broadcaster in the Hampton Roads areaone of the stations I enjoy listening to when Im at our office in Virginia Beach on the campus of Regent University. 

 

As I mentioned, I handled similar cases in the 1990s, including cases all the way to the Supreme Court of the United States.  In Turner v. FCC, a so-called interfaith coalition actually asserted that providing cable access to Christian broadcasters violated the separation of church and state.  The ramifications of that particular case were significant for all Christian broadcasters.  We were successful and won at the Supreme Court of the United States. 

 

The second issue involving communication of the Gospel concerns Congressman Dennis Kucinichs plan to introduce legislation mandating a return of the so-called Fairness Doctrine.  This doctrine would have a significant and serious impact on Christian broadcasting.  The Fairness Doctrine, which was in existence for a number of decades, was finally removed in 1987.  In essence, the Federal Communications Commissions (FCC) would be given the authority to require equal time to contrary positions on controversial issues.  As you can imagine, the proclamation of the Gospel, the definition of marriage and the issue of abortion would all be deemed controversial topics.  Under this blatant form of compelled speech, broadcasters who air Jay Sekulow Live! or Focus on the Family with Dr. Dobson could be compelled to run a counter-viewpoint to the positions we just advocated.  Therefore, Christian broadcasters would be put in the uncomfortable position of having to air positions that violate their conscience and sincerely held religious beliefs.  In 1969, the Supreme Court actually held that the Fairness Doctrine was constitutional.  I have already assembled a legal and legislative team to work on this matter. 

 

On the legislative front, we are working aggressively to establish that the Fairness Doctrine is not only unwise, but also unnecessary.  There are many voices now available over the airwayswhether its the Internet, satellite radio, traditional radio, cable television and now satellite TV.  There is no need to mandate that a Christian radio station carry a view that they disagree with.  This type of compelled speech is inappropriate and, in our view, unconstitutional.  Our Government Affairs office will be working aggressively to make sure the legislation does not get passed.  However, hearings are planned for March; and with the line-up in Congress, we are very concerned that this legislation might actually carry the day.  Therefore, I have already assembled a senior legal team at the ACLJ to initiate litigation if the Fairness Doctrine is passed.  We will keep everybody updated as these two important measures go forward.