From Hillsdale College’s January issue of Imprimis, Henthoff reminds us of some important history, which should stop anyone who assumes that politicians instinctively support free speech dead in their tracks:
And as evidence mounted that the Fairness Doctrine lessened, rather than increased, diversity of views, the Supreme Court in 1984, in a case called FCC v. League of Women Voters, concluded that in view of the abounding number of radio and television channels around the country (and, I would add, the growth of one-newspaper towns and cities), the scarcity doctrine (thus the Fairness Doctrine) didn’t hold up. In 1987, the FCC followed the high court and ringingly declared that “the intrusion by government into the content of programming occasioned by the enforcement of the [Fairness Doctrine] unnecessarily restricts the journalistic freedom of broadcasters [and] actually inhibits the presentation of controversial issues of public importance to the detriment of the public and in degradation of the editorial prerogative of broadcast journalists.”
I was by then in radio and television part-time in New York, and I thought at last that this free-speech battle was over. But in that same year, 1987, a bill to revive the Fairness Doctrine passed the House by a 3 to 1 margin and the Senate by nearly 2 to 1. President Reagan, to my great appreciation, though I was not an admirer of his then (I have changed to a considerable extent), vetoed the bill. Mr. Reagan, a former broadcaster (Death Valley Days), called it “antagonistic to the freedom of expression guaranteed by the First Amendment.”
Make no mistake: Too many politicians would like nothing better than to control the discussion, especially during political campaigns.
Then Hentoff discusses the new threats from those on the left (bolds are mine):
On May 9, 2005, in the magazine In These Times, University of Michigan communications professor Susan Douglas made the case for reviving the Fairness Doctrine — and listen carefully to her language: “Ongoing media consolidation, and the censorship and pro-right blather that go with it, are sustained by the silencing of oppositional voices Americans are no longer required to hear. But who should do the requiring? According to Professor Douglas, the government should, of course. Another question is: Which voices are being silenced, and by whom? The professor neglected to say. Not hers, obviously.
Last year, a book widely praised in certain circles, Off Center: The Republican Revolution and the Erosion of American Democracy — at least the title tells you where the authors, Jacob Hacker and Paul Pierson, are coming from — argued:
It is precisely the proliferation of new media that has fostered a strongly right-wing journalistic presence in talk radio and on cable…. The Federal Communications Commission surely can justify restoring the simple requirement that news include a fair representation of views on controversial subjects and in important electoral races.
There are still some libertarians on the American left who believe that the First Amendment means what it says, but these others who are calling for this revival of government involvement in broadcast content — and this could well extend to the Internet, as it does today in China. Take sides against Oliver Wendell Holmes, who wrote in 1929 in United States v. Schwimmer: if there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought — not free thought for those who agree with us but freedom for the thought that we hate.
Those rallying for the return of the Fairness Doctrine believe that politically incorrect speech must be “balanced” by law — which is to say, by government. Thereby they fondly envision the curbing of the speech of Rush Limbaugh, Sean Hannity, Ann Coulter, Matt Drudge, Laura Ingraham, Bill O’Reilly and others who they say are “eroding” American democracy. And arguing this, it is as if they think that the speech of the authors of Off Center, or of Al Franken, Michael Moore, Cindy Sheehan, political scientists Barbra Streisand and Whoopi Goldberg, and the bankrollers of MoveOn.Org are not heard enough today!
Obligingly, a Congressman has come forth with a bill to bring back the Fairness Doctrine in order to protect, he says, “diversity of views.” He is Maurice Hinchey of New York, and his bill is called the Media Ownership Reform Act of 2005. In addition to “preventing excessive concentration of ownership of the nation’s media outlets,” it includes the restoration of “fairness in broadcasting” to foster and promote localism, diversity, and competition in the media. His press secretary tells me that the penalties this time could be as before: broadcasters losing their licenses.
What could be wrong with such noble motives as “fairness” and “diversity of views?” But I see, as William O. Douglas did, that the camel is hungrily and happily back inside the tent of free speech.
If you’re a blogger, would you like to be forced to allow any clown who wants it “equal time?”
The Museum of Broadcast Communications web site has written up a thorough history of the Fairness Doctrine. Hopefully it will stay in the museum where it belongs.