A Return of the Fairness Doctrine--Dangerous for Christian Broadcasting

By 

Jay Sekulow

June 21, 2011

3 min read

Free Speech

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Over the past several months, Ive kept you informed on the growing momentum behind the effort to reinstate the unconstitutional Fairness Doctrine.  To briefly summarize, the Fairness Doctrine is a regulatory policy that mandates broadcasters provide equal coverage of controversial topics.  For example, 30 minutes of religious or conservative broadcasting would have to be balanced with 30 minutes of the opposing viewpointeven if it aired on Christian radio!  To put it plainly, it is Government-mandated speech. 

 

Further, when this policy results in programming that doesnt attract sponsors, broadcasters are forced to carry that programming at their own cost.  When the Fairness Doctrine was previously enforced, broadcasters usually opted to drop all controversial or religious programming rather than deal with making sure they struck an even balance at their own expense.  Even the FCC recognized this fact in a 1985 report recommending that the Fairness Doctrine be repealed (which formally occurred in 1987).

 

The 1985 FCC Report and the United States Supreme Court have both found that a case for the Fairness Doctrine can only be made in a society where access to information is limited due to a shortage of outlets.  Clearly, we live in an age of unprecedented access to information and more avenues for dissemination of that information than can be exhausted.  If you have a message that people want to hear, there is an outlet available to you.

 

However, the liberal faction of Congress is upset because the American people are rejecting the liberal message.  When those messages hit the airwaves, the American people are exercising their right to tune out.  So, because the liberal agenda is losing in the marketplace of ideas, liberal leaders have embarked on this effort to stifle the speech that Americans are choosing.

 

Fortunately, we have many allies on this issue in Congress.  Congressman Mike Pence of Indiana has taken an especially strong stand against the reinstatement of the Fairness Doctrine. 

 

First, he has introduced the Broadcaster Freedom Act, which would permanently prohibit the FCC or any future President from reinstating the Fairness Doctrine.  Our Government Affairs team is mobilizing to assist Congressman Pence with this important legislation.

 

Second, Congressman Pence introduced an amendment on the House floor that essentially prevents the Fairness Doctrine from being implemented for one year.  This shrewd move forced Members to take a stand on the issue, and his amendment was overwhelmingly approved by a vote of 309-115.  This is a great first victory, but really only serves as a delay in the real fight on the permanent status of the Fairness Doctrine.

 

I have instructed our team in D.C. to fully engage in this effort, and I will continue to keep you posted.  Ironically, one way I will do that is over the very airwaves that are being threatened.  Please stand ready to help us preserve the programming that is important to you.