The Fairness Doctrine

The Fairness Doctrine, instituted by the FCC was in operation from approximately 1949 until Ronald ReaganÆs 1987 deregulation-oriented FCC abolished it. The Doctrine required broadcasters in television and radio, as a condition of getting their licenses from the FCC, to cover controversial issues within their community by offering some balancing views. An example of this would be allowing the American Nazi Party to air a program on race in America. The television station that airs the program would then be required to review their programming schedule to insert opposing view programming on the same topic by such groups as the NAACP or the Council of Jewish Americans.

The Fairness Doctrine does not require that each program be internally balanced (such as our previous example), or mandate "equal time": It would not require that balance in the overall program line-up be anything close to 50/50. It merely prohibits a station from blasting away day after day from one perspective (the American Nazi Party), without any opposing

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should be reconsidered. Just five years later, without ruling the doctrine unconstitutional, the Court concluded in another case that the doctrine "inescapably dampens the vigor and limits the variety of public debate" (Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241). Citizen groups (League of Women Voters) have used the Fairness Doctrine correctly as a tool to expand speech and debate -- not restrict it. In 1984, the Court concluded that the scarcity rationale underlying the doctrine was flawed and that the doctrine was limiting the breadth of public debate (FCC v. League of Women Voters, 468 U.S. 364). It has the ability to prevent stations from allowing only one side of all issues to be heard on ballot measures. There have been studies done regarding the Doctrine that found the abolition of the doctrine had been disastrous for democratic debate in 1992 ballot measures. The doctrine has always been supported by myriads of grassroots groups spanning the political rainbow, including the ACLU, National Rifle Association and the right-wing Accuracy In Media. The Fairness Doctrine came under some express legal debates in the early 90Æs. The result was Congress reinstating the doctrine in decision. In 1994 the Media Instit
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