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Gan
07-12-2008, 08:18 PM
‘Fair Doctrine’ hypocrisy
By: Derek Hunter
July 11, 2008 08:23 AM EST

There’s a battle raging behind the scenes in Washington these days about our most fundamental right: the freedom of speech.

You’d think something on which the Constitution is unambiguous (the First Amendment does say, “Congress shall make no law ... abridging the freedom of speech”) would be settled beyond dispute, but history has proved otherwise. President John Adams signed the Alien and Sedition Acts, effectively threatening critics of the government with criminal prosecution. The Sedition Act of 1918, signed by President Woodrow Wilson, criminalized “disloyal, profane, scurrilous or abusive language” about the United States government in a time of war.

But today’s politicians are too savvy to attempt this sort of full-frontal assault on speech. Instead they’re employing a slightly different, more modern tactic — censorship in the name of diversity.

There is a regulation still on the books at the Federal Communications Commission ironically called the Fairness Doctrine. What it purported to do was allow all points of view to be heard over the public airwaves. It never really lived up to that expectation.

The practical effect of the Fairness Doctrine was to create a broadcast market that steered clear of politics. Stations focused on news, weather and traffic, since political commentary was not allowed unless equal time was given to the opposite point of view. It was “diversity” in the sense that it offered different ways to achieve boredom and lose listeners.

In 1987, the FCC decided the Fairness Doctrine was no longer needed. The growth in the number of radio stations since the 1940s, when it originated, had been so great that there were enough outlets available that people could seek out what they wanted to hear and make up their own minds about what to think.

This decision kept the Fairness Doctrine on the books but unenforced. It was effectively gone but could easily be restored by majority vote of the five-member FCC.

Out from under the threat of a bureaucrat with a stopwatch, talk radio flourished. Program directors were allowed to run stations in whatever way attracted the largest audience.

But political talk radio’s success didn’t sit well with everyone — particularly liberals. Left-leaning viewpoints dominated the other mediums of the time (television and print journalism) but have never caught hold on radio.

With the never-ending failures of liberal talk outlets, Democrats have come to loathe the format. And if you can’t beat it, destroy it.

Sens. Richard J. Durbin (D-Ill.) and John F. Kerry (D-Mass.) are among the many politicians who have called for a return of the Fairness Doctrine.

Presumed Democratic presidential nominee Barack Obama has yet to weigh in on the issue, but Durbin and Kerry are big, early supporters of the candidate, so one can guess where Obama will come down.

But the case for it has switched from one of wanting all opinions to be heard to the new, more politically correct “diversity” argument.

The need for diversity of opinion and diversity of media ownership (since big companies clearly are motivated by politics and not profit) has become the new battle cry. Last year the left-wing Center for American Progress released a report on how large companies owning many radio stations tended to have conservative hosts rather than “progressive” ones. It thinks, therefore, that diversity in media ownership would lead to diversity of opinions. There was no discussion of the utter failure of left-wing radio to acquire and maintain an audience.

Seeing censorship rolling down the tracks, Rep. Mike Pence (R-Ind.) introduced an amendment to an appropriations bill last year that forbade the FCC from spending any money this year on Fairness Doctrine enforcement. It was a symbolic vote, since the FCC wasn’t enforcing it anyway, but it put members of Congress on record supporting free speech or opposing it. The amendment passed 309-115.

Pence introduced the Broadcaster Freedom Act to permanently remove the doctrine from the books. Something that overwhelmingly passed for a one-year ban should be easily repealed, right? Not quite.

House Speaker Nancy Pelosi (D-Calif.) blocked the BFA from coming to a vote and has stated her personal support for the return of the Fairness Doctrine. So Pence started a discharge petition, a procedural maneuver, to force a vote. As of now, there are 195 signatories of the needed 218 on the discharge petition.

Currently, all 111 Democrats who voted for the one-year ban have refused to sign the discharge petition, along with two Republicans. These members have the distinction of being the charter members of the Hypocrisy Caucus (www.hypocrasycaucus.com) (http://www.hypocrasycaucus.com)). On the issue of freedom of speech, you can’t have it both ways.

Under the guise of diversity, modern-day liberals are engaging in the same type of liberty-threatening activities from our nation’s past. We can’t wait until our freedoms are curtailed before we speak up, because if they take away the best medium we have for expressing ourselves to others, how would anyone hear us?

Derek Hunter is federal affairs manager at Americans for Tax Reform.

http://dyn.politico.com/printstory.cfm?uuid=0939796E-3048-5C12-00E09FB3F77C92DC
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Discuss (and weigh in on the poll).

Daniel
07-12-2008, 08:21 PM
What exactly is the enforcement mechanism?

It looks like that they are advocating more diverse ownership..which doesn't neccessarily mean censorship or even restrictions on current broadcasting corporations.

Gan
07-12-2008, 08:23 PM
The way I see it... no one is bending your arm to stay tuned to that channel/station.

Now I would have a problem if specific and evidenced political corporations attempt to monopolize the ownership and programming of the limited existing radio stations and further evidenced of removing alternative viewpoint programming in favor of other viewpoint/programming.

I cant see at all how this could be applied to cable TV since there are so many different options already available to choose from... and the channel availability is pretty much unlimited (except for the funding to pay for said channel and programming).

Gan
07-12-2008, 08:25 PM
What exactly is the enforcement mechanism?

It looks like that they are advocating more diverse ownership..which doesn't neccessarily mean censorship or even restrictions on current broadcasting corporations.

I would guess the powers that the FCC has over radio and television broadcasts/ownerships.

Latrinsorm
07-13-2008, 12:03 AM
it put members of Congress on record supporting free speech or opposing it.It seems the esteemed Mr. Hunter is not afraid of using inflammatory rhetoric to buttress his point. He has, however, hit upon one side of the key issue: "We can’t wait until our freedoms are curtailed before we speak up, because if they take away the best medium we have for expressing ourselves to others, how would anyone hear us?"

Speech is inherently a communicative act: it is not enough to merely not infringe on someone's ability to speak; the government must also avoid curtailing the ability of others to listen. However (and this is the point Mr. Hunter seems to miss), the airwaves are not owned by the stations or individuals broadcasting. Rather, they are the property of all of us, and one of us has no more a right to use them for the broadcast of a specific message than they have the right to paint said message on your house or my car. As such, their use is regulated by the government, and insisting upon the right of free speech is at best a smokescreen, as unfettered use is tantamount to a catastrophic infringement upon our property rights (and we all know how much conservatives love their property rights).

Somehow I doubt that striking the proper balance between our lofty ideals motivates the discussion amongst those who make the decision, which is a shame.

Gan
07-13-2008, 12:13 AM
Worse comes to worse - people can always tune to another station, shove in a CD or flip over to your IPOD, or just turn the device OFF.

Until the time when we are forced to listen to one viewpoint or another without recourse - I dont feel that adding restrictions on a 'free will' medium will be of any benefit and in fact lead to even more restrictions (slippery slope argument).

Perhaps they're just jealous of Rush's new multi-million dollar contract.
:whistle:

radamanthys
07-13-2008, 02:22 AM
As such, their use is regulated by the government, and insisting upon the right of free speech is at best a smokescreen, as unfettered use is tantamount to a catastrophic infringement upon our property rights (and we all know how much conservatives love their property rights).

Property rights are an inherent part of being an American citizen. It's not a conservative ideal but an American one. Argue that, and I'll take your car, cuz mine is broke right now (read: sad panda- love teh minivanz). You have enough (read: sharing doesn't work.)

crb
07-13-2008, 09:54 AM
Don't you know? Liberals don't believe in property rights (see Kelo vs. New London).

Clove
07-13-2008, 10:18 AM
Speech is inherently a communicative act: it is not enough to merely not infringe on someone's ability to speak; the government must also avoid curtailing the ability of others to listen. However (and this is the point Mr. Hunter seems to miss), the airwaves are not owned by the stations or individuals broadcasting. Rather, they are the property of all of us, and one of us has no more a right to use them for the broadcast of a specific message than they have the right to paint said message on your house or my car. As such, their use is regulated by the government, and insisting upon the right of free speech is at best a smokescreen, as unfettered use is tantamount to a catastrophic infringement upon our property rights (and we all know how much conservatives love their property rights).The same airwaves you use every time you open your mouth? We may all "own the medium" but and we express that common ownership by bestowing the right to freely use it to each of us. If I use the medium to send a message you don't like, it doesn't prevent you from using it to send a message I don't like. And at this point there are MORE than enough outlets to express every imaginable point of view.

Painting a message on my house is a very poor analogy. I own my house privately, not communally as we own the airwaves, so "they" would be painting a message using property they don't own.

Parkbandit
07-13-2008, 10:29 AM
Let the free market decide. If your radio show spews stupidity (Air American anyone?) you should expect your listeners and advertisers to tell you to take your 20th place show and shove it in your ass.

Government has no business telling us what shows will or will not be available to us. If you don't like the radio show, turn the fucking channel. How fucking hard is it? Have we become that incapable of self decisions that we need our Government to help us decide what we want to listen to?

Pathetic.

Clove
07-13-2008, 12:51 PM
Don't you know? Liberals don't believe in property rights (see Kelo vs. New London).Welcome to New London: Your home is ours.

Latrinsorm
07-13-2008, 02:29 PM
Property rights are an inherent part of being an American citizen. It's not a conservative ideal but an American one.I'm not really sure where this came from. I said "our property rights", not "conservatives' so-called property rights" or something along those lines. My pointing out that conservatives in general are hugely defensive of property rights (c.f. this thread) was intended to show the implied hypocrisy of certain positions on this issue.
We may all "own the medium" but and we express that common ownership by bestowing the right to freely use it to each of us.We do no such thing - the FCC has been around for more than 70 years. Like every other avenue of possible communication, completely uninhibited use is neither the current implementation nor the Founders' vision of the first Amendment (and again, I cite the Founders solely because conservatives by definition are interested in their opinion, for whatever reason).
Painting a message on my house is a very poor analogy. I own my house privately, not communally as we own the airwaves, so "they" would be painting a message using property they don't own.The analogy works because in each case they are using property that you have a stake in. That you care more about your house is irrelevant. That there are other ways of receiving communication is irrelevant. People are using your property, and your response is "well I can just ignore it"?

Clove
07-13-2008, 04:26 PM
The analogy works because in each case they are using property that you have a stake in. That you care more about your house is irrelevant. That there are other ways of receiving communication is irrelevant. People are using your property, and your response is "well I can just ignore it"?The analogy doesn't work because in one case someone is using property that they own (though we both may have a stake in it). In the other someone is using property that I own, but they do NOT. It sounds outrageous because it IS outrageous to use property you do not own or have a stake in to post a message the owner does not license or endorse. Sorry Latrin it ISN'T an even comparison.

The Founding Fathers had no conception of radio and television transmissions.

The FCC places limitations on what and when content may be broadcast. It also licenses frequencies via auctions. The Founding Fathers most certainly did NOT however, envision printing presses being told WHAT content to print, which is exactly what this policy suggests.

We may tell you that freedom of speech does not give you the right to yell fire in a crowded theater (limit what and when you may say) but we may not tell you what you MUST say (insisting that you give equal time to an opposite point of view).

You're defending the ridiculous.

ClydeR
07-21-2008, 02:56 PM
The Fair Doctrine did not apply to newspapers, but perhaps it should have. The New York Times published a piece by Obama last week (http://www.nytimes.com/2008/07/14/opinion/14obama.html?8qa) in which Obama detailed his plan for Iraq. According to Drudge (http://www.drudgereport.com/flashnym.htm), McCain wrote a response, but the Times refused to publish McCain's response.

If the Times has a good explanation for their decision, I'd like to see it.

Deathravin
07-21-2008, 03:54 PM
Bottom line is the only way to make any law that abridges free speech is for a constitutional amendment abolishing that part of the 1st amendment. That’s all there is to it.
It doesn’t matter if they knew about television or radio or internet or not. The law is clear. It is black and white. It doesn’t leave any loopholes.

We can debate the implications, we can debate if it needs to be changed. But you can't debate that any law that is made to limit free speech is illegal.

Even the law that says you can't yell fire in a movie theater is illegal. I'm not saying it's not a good law, but it IS illegal.

TheWitch
07-21-2008, 04:29 PM
We may collectively own the airwaves, but without the equipment to broadcast over them, they're of very little use, hmm?

That equipment belongs to the radio stations, who in turn may belong to a conservative-bent conglomerate, sure. Ultimately, it's them who should decide what to broadcast - and they'll broadcast what makes them money.

Don't like it?
Turn it off.
I might like it, and it is not your right to decide I shouldn't be able to hear it because you don't. That at its core is censorship.

The other alternative, get the resources together and buy your own broadcasting equipment and shout out your liberal agenda to your hearts content.