The Fairness Doctrine And Public Policy

The Fairness Doctrine was an FCC regulation that was established in 1949. Following the outcome of the Mayflower decision, the fairness doctrine required two mandates for both radio and television stations that must meet in order to get their licenses renewed. The first mandate required that all license must “devote a reasonable proportion of broadcasting time to the discussion and consideration of controversial issues of public importance”. The second mandate affirms that “by doing so the broadcaster must be fair. That is, broadcasters must affirmatively endeavor to make facilities available for the expression of contrasting viewpoints held by responsible elements with respect to the controversial issues presented”. With these two mandates

The Commission has consequently recognized the necessity for licensees to devote a reasonable percentage of their broadcast time to the presentation of news and programs devoted to the consideration and discussion of public issues of interest in the community served by the particular station. And we have recognized, with respect to such programs, the paramount right of the public in a free society to be informed and to have presented to it for acceptance or rejection the different attitudes and viewpoints concerning these vital and often controversial issues which are held by the various groups which make up the

In particular many critics of the Fairness Doctrine would focus on the flawed regulations. One particular critique was the scarce amount of spectrum, which enabled oversight of a government bureaucracy. Many opponents of the Fairness Doctrine had argued that because airwaves are limited and scare if should be regulated by federal bureaucrats to ensure different points of views are expressed, as they perceived the media dominated by liberals. Although, the spectrum was limited during the earlier years, many broadcasters on the right had argued that the number of broadcasters in American have been continuously increasing. Another critique on the right is how fairness and fair access is best determined by the FCC officials. Since it is impossible to monitor every single broadcasting station, ultimately the FCC officials would arbitrary determine what fair access is and who is entitled to it through select enforcement. As a result, it would push considerable pressure on FCC regulators in which could possibility limit any political opposition. Finally, major powerful opinion that would be used against the fairness Doctrine was the violation of the First Amendment. The First Amendment proponents in abolishing the Fairness Doctrine is the most critical argument. This is evident in the influential case of Red Lion Broadcast Co.