The Return of the Fairness Doctrine

By 

Jay Sekulow

June 21, 2011

3 min read

Free Speech

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The leadership in Congress is at it again.  This time, it is the Chairman of the House Committee on Oversight and Government Reform, Henry Waxman.  Numerous media outlets are reporting that he has instructed the Committee's investigative staff to actively pursue a strategy for reinstating the Fairness Doctrine.  From various sources around Capitol Hill, reports are coming that Waxman and his staffers are pushing the Federal Communications Commission to reinstate the Fairness Doctrine, even beginning to quietly claim that the FCC's rejection of the Fairness Doctrine in 1985 was politically motivated.  The reports indicate that Waxman has initiated this investigation specifically because of concerns with the content of programming hosted by the likes of Rush Limbaugh, Sean Hannity and Mark Levin.  As you know from my regular updates, this effort to reinstate the Fairness Doctrine amounts to nothing more than an unconstitutional effort to restrict and censor speech.  Imagine a government censor sitting and listening to talk radio with pen and pad in hand taking notes on what radio hosts can and cannot say on the air and then fining them if they cross the line!  That's where we were before the repeal of the Fairness Doctrine back in the 1980s.  That's where Henry Waxman and other Members of Congress want to return talk radio to.

Because of this imminent threat, Congressman Mike Pence of Indiana and Congressman Greg Walden of Oregon have redoubled their efforts to pass the Broadcaster Freedom Act, which would prohibit reimplementation of the Fairness Doctrine.  The new strategy they are invoking involves a rarely used legislative tactic called a Discharge Petition.  Simply put, if a majority of the House of Representatives (218 Members) sign this petition, they can bypass committee proceedings and force the House leadership to put the bill on the calendar, which means the full House will be afforded the opportunity to take an up or down vote on the Broadcaster Freedom Act.  Keep in mind that in June, 309 Members voted for an amendment supporting the principles of the Broadcaster Freedom Act.  This petition is a way for those 309 Members to stand against the liberal leadership who has refused to schedule a vote on the issue.

Our Office of Government Affairs is currently assisting Congressman Pence and Congressman Walden as they work to obtain the necessary 218 signatures.  We will soon need your help in this effort.  In the coming days, I will be asking those of you living in districts represented by Members who have refused to sign the petition to express your support for the Broadcaster Freedom Act.  We can make this happen, but time is of the essence.  I will keep you posted.