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The Fairness Doctrine: Coming Back?

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We are less than a week from the Big Day. It is probable that Barack Obama will be our next president and he will be welcomed by a liberal-controlled House and Senate. Although I haven’t made peace with the fact that Obama may win, and I’m certainly not happy about it, I have accepted it.

What concerns me at this point are some of the peripheral issues we aren’t hearing about in the mainstream media. Specifically, freedom of speech and the Fairness Doctrine.

The Fairness Doctrine has a long history, dating back to the 1920s. It became mainstream in the 1940s and was eventually abandoned in 1987.

In Killing Talk Radio, Brian C. Anderson and Adam D. Thierer provide a look at the history of the Fairness Doctrine. It’s extremely interesting reading. These paragraphs are an example of the enlightening information I found there:

The civil libertarian Nat Hentoff remembers what it was like to be a broadcaster in the old days. “I was in radio under the reign of the Fairness Doctrine, at WMEX in Boston in the 1940s and early Fifties,” he recalls in a talk at Hillsdale College, noting that he would occasionally offer political opinions on air, including on his music programs. “Suddenly Fairness Doctrine letters started coming in from the FCC and our station’s front office panicked. Lawyers had to be summoned; tapes of accused broadcasters had to be examined with extreme care; voluminous responses had to be prepared and sent. After a few of these FCC letters, our boss announced that there would be no more controversy of any sort on WMEX. We had been muzzled.”

In the 1960s Bill Rudner, the Democratic Party official said:
“Our massive strategy was to use the Fairness Doctrine to challenge and harass the right-wing broadcasters, and hope that the challenges would be so costly to them that they would be inhibited and decide it was too costly to continue.” The party activist Martin Firestone elaborated on the strategy in a confidential 1964 report to the Democratic National Committee, describing the 1,035 letters that the campaign wrote to conservative stations, generating 1,678 hours of free time. The stations, mostly rural, were small and cash-starved, so they proved easy to browbeat. “Were our efforts to be continued on a year-round basis, we would find that many of these stations would consider the broadcasts of these programs bothersome and burdensome … and would start dropping the programs from their broadcast schedule,” Firestone wrote. A DNC staffer added: “Even more important than the free radio time was the effectiveness of this operation in inhibiting the political activity of these right-wing broadcasts.”

In 1987 the Fairness Doctrine was abandoned and it was clear that, rather than encourage more exchange of ideas, it had a so-called “chilling effect”.
That the doctrine chilled free speech became indisputable in the immediate aftermath of its demise. As a 1997 study by Hazlett and David Sosa charted, AM radio, freed from its shackles, suddenly exploded with news programming and political talk shows. Such “informational” broadcasts expanded from 7 percent of all AM programming to 28 percent just eight years after the Fairness Doctrine’s end; on FM, the increase was from 3 percent to 7 percent. The tube soon featured lots more news coverage and opinion, too. Today, around 1,500 radio stations feature a talk or news format—and the vast majority broadcast conservative, libertarian, or populist voices, as listeners look for an alternative to a liberal mainstream press.

The unfortunate truth right now is that Obama is using tactics that point to a possible reinstatement of the Fairness Doctrine. Any television or radio station airing what is considered by the Obama campaign to be unflattering views toward Obama or his policies is quickly silenced. Obama’s camp encourages his supporters to call or e-mail these stations via the Obama Action Wire. The page even tells the supporters what to say.

Barack Obama and the Suppression of Dissent by Marianne at Conservative Amazons provides an excerpt from a letter from Obama’s campaign to supporters smearing David Freddoso and encouraging them to tell WGN the interview is “lowering the standards of political discourse.”

Let this be a lesson to youby Carolyn Hileman at The Voice discusses how Joe the Plumber was treated after he was thrust into the spotlight with a simple question.

Smearing Joe the Plumber by John at Power Line elaborates on the methods used to try and discredit Joe.

Joe Biden is getting in on the act too. WFTV in Florida did an interview

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Nordette Adams 6 pts

Melanie, while doing research for this post, did you read how often the McCain campaign has avoided the press? The cancellation ( http://bigsole.blogspot.com/2008/09/mccain-cancels... ) and refusal to speak to CNN for a while, tossing or keeping reporters who asked tough questions off ( http://www.politico.com/blogs/michaelcalderone/100... ) the Straight Talk Express or his plane, the blockades put up for a while to stop reporters from speaking to Palin at all ( http://www.nydailynews.com/news/politics/2008/09/2... ). It's their campaign and McCain's people have the right to do be selective about to whom their candidates and spokespeople speak. Obama has that same right.

Both candidates have the right to not walk into what they think may be an ambush. Even in the case of Palin, where the McCain campaign was totally paranoid not so much about an ambush but that Palin simply was not ready to answers questions (and apparently they were wise when we consider her poor performance with Katie Couric), that was still their call and their right as part of their PR or campaign strategy.

As for the Biden interview, West wasn't asking tough questions. She was asking biased, toughly-phrased questions. Her tone and phrasing revealed a lack of professionalism and objectivity, and her inquiry reminded me of the question used in Jounalism 101 classes as an example of an unfair question, "So, Mr. Jones, are you still beating your wife? ( http://en.wikipedia.org/wiki/Fallacy_of_many_quest... )" Except her tone was more Nancy Grace prosecutorial than friendly. An Orlando Sentinel column ( http://blogs.orlandosentinel.com/entertainment_tv_... ) suggests that the West/Biden interview will be discussed in journalism classes for a while.

Maria makes an excellent point about the difference between punditry and journalism, or opinion vs. reporting. I just made an observation about a blog headline at CBS ( http://bigsole.blogspot.com/2008/11/palin-is-snake... ) that probably should have been rewritten unless the writer considers his post to be opinion or punditry. His headline, while technically correct, used Palin is a snake imagery. Of course, he may not have written the headline himself.

If West is doing opinion then she should stop calling herself an anchor and start calling herself a pundit. At the very least she should not blast away at people with their opponents talking points.

On Obama getting supporters to call or write and complain, nothing unusual there. It's a standard tool of any grassroots campaign, and in many ways that's been the kind of campaign Obama has run. As professional as it looks, it's still people driven. So, that community organizing background comes in pretty handy despite Republicans ridiculing ( http://bigsole.blogspot.com/2008/09/lessons-learne... ) the work.

Like others, I'm missing the connection to the Fairness Doctrine here. I hope you will elaborate.

Nordette ( http://blogher.org/blog/nordette ) is a Contributing Editor with BlogHer.com whose personal blog is hosted on another site at this link ( http://bigsole.blogspot.com ).

( http://blogher.org/blog/nordette )

Erin Kotecki Vest 5 pts

When I worked at WDBO in Orlando I frequently hung out with other anchors and reporters from the city on scene and off the clock. I crossed paths with Barbara multiple times and it was well know her husband worked with the Republicans.

She was also very active and vocal about her religious affiliations.

We all had to go to a strip club one night as the city/voters had approved a new law that you could only be nude if it was for the sake of 'art'- so the strippers were reading Shakespeare while taking off their clothes. If my memory serves me the reporter in question was very opposed to even stepping inside and there was much news room chatter about who got to cover the story.

IN other words, she's a well known conservative. It's like me telling the McCain camp I would happily do the interview for BlogHer, and it would be a typical journalist style interview. Then sitting down with McCain and hammering him with Obama talking points.

Anyway, just my two cents.

Politics & News Contributing Editor
Queen of Spain ( http://queenofspainblog.com/ )

Maria Niles 5 pts

Biden went into that interview expecting to be interviewed by a journalist and instead he got a set of questions from the interviewer's husband who is a Republican operative and McCain supporter. That's why they got cut off not because Obama and Biden can't take "tough" questioning. She should lose her job as a news reporter and seek a job as a pundit instead.

diapermama 5 pts

Well, I am not for stifling free speech. This election though has shown us some horendous things being said in the name of journalism and talk radio. I think if you call one of our government reps a terrorist or a terrorist sympathizer or some other names that others may see as treason than I think you should be censored and or loose your postion....end of story. If you use terms like that you had better have 100% proof of what you say...not your mere opinion. And we have seen this on the right side in abundance. It would be like me publically saying that a school teacher I dislike is a pedophile because he is aquaintances or even friends with one. It is LUDICROUS  and that is what right wing media has stooped to. When you say stuff like this it should not be taken lightly.

As for West's interview I cannot even believe you are defending her. She was nasty and hostile from the moment she opened her mouth. The first question was to ask if if Biden was embarassed (aka ashamed) of Obama's involvement with ACORN? Why not just ask how he felt about ACORN? Why jump to the conclusion that he should be ashamed and must therefore explain to HER satisfaction why he is or is not. Can we not at least expect our media reps to go into an interview with civility in mind? The question was totally unethical too...trying to shift some blame to the Obama/Biden campaign for the actions of completely separate people. Then she goes on to ask Biden if Obama's comment about spreading the wealth was a "crushing political blunder". Then she calls Obama a Marxist and asks Biden to refute her. His response was ..."Are you Joking?" The statement was so outrageous...she deserved the middle finger at that point IMO. Biden "schooled" her in that interview and she had it coming. I had never before seen her and she is a disgrace to the profession. Anyone who behaves that way should get a kick in the pants right out the door of respected journalism.

Biden didn't want a fluff piece he just wanted reasonable questions. He wanted an INTERVIEW about the issues...not a wrestling match/interrogation with someone who had a CLEAR and nasty agenda from the word go. Watch the interview again and watch how stiff she is and how many times she blinks. She has anger issues just like McCain. If someone did that to you, would you interview with them again? I know I sure wouldn't. I don't blame Biden ONE bit.

The fact is that IF journalists want the truth they don't need to stoop to calling names like Marxist or interject their own opinion (embarassed, crushing blunder). That is not fair or ethical journalism and frankly some of us are tired of it. Polite criticism is fine and to be expected. All out attacks are NOT and those that cannot conduct themselves with some sense of decency should lose their jobs or go work for a cable network "entertainment" show where you would expect that type of behavior.

Maria Niles 5 pts

There are numerous examples of the McCain campaign cutting off access to media outlets whom they perceive as "asking tough questions." And he asks his supporters to voice his talking points to media outlets. Remember the McCain sock puppet reward points program for bloggers? I suspect CNN will get the boot again (as notoriously vicious partisan Larry King was frozen out for weeks until McCain needed him to provide an outlet to counter program the Obamamercial) after this totally heinous unfair demanding of examples (McCain people hate that)

Although I think the chances of the fairness doctrine retuning are remote I would welcome it. Its absence is one of the many reasons why I believe our collectively-owned public airways are misused, abused and serve the quest for corporate profits now more so than public good. It is conservative talk show hosts and the politicians in their pockets who are advancing the notion that the fairness doctrine is chilling their speech. Interesting how conservatives used to rail about campaign finance limits silencing them and now Obama's spending is apparently the worst thing evah!

Also, a small correction - there is no "liberal" political party. I know it's supposed to invoke all sorts of terrifying connotations but the Congress will continue to be Democratically-controlled after the election.

BlogHer Contributing Editor ( http://www.blogher.com/blog/maria-niles )
PopConsumer ( http://consumerpop.typepad.com/popconsumer )
Beyond Help ( http://mariax.vox.com/ )

Kim Pearson 5 pts

 The Fairness Doctrine was a government policy affecting broadcasters that was justified by the physical limit of the electromagnetic spectrum. There's no question that political advocates of varied stripes used it to advance their agendas, but its demise is not responsible for the rise of conservative talk radio. As I explained in this July 2007 post ( http://www.blogher.com/node/22710 ), Rush Limbaugh's success was facilitated by satellite technology. Because of satellites, cable, and the Internet, the policy justification for the Fairness Doctrine no longer exists.

I'm having trouble following the logic of your post, though, because the tactics you attribute to the Obama campaign don't have anything to do with government policy. Could you please make the connection more explicit for me?

As for the restrictive media policies of the Obama campaign, that strikes me as par for the course, especially since the Reagan administration. It's one of many reasons that  aggressive, independent journalism is critical if we are to have any meaningful check on the politically powerful. But I'm not sure what the big deal is about a campaign encouraging its supporters to register their objections to reporting it thinks is unfair or inaccurate. 

Kim
BlogHer Contributing Editor ( http://blogher.org/blog/kim-pearson )|Professor Kim ( http://professorkim.blogspot.com/ )|

Pam 5 pts

I seriously have this "through the looking glass" feeling as I read this.  Because I genuinely believe that you could do find and replace on Obama, using Bush instead and you would see the left's crticism of the Bush adminstration's relationship with the MsM. 

Global warming, intelligence on Iraq, so many issues were shut down, no discussion allowed. 

To be clear, I'm not questioning the idea of what you're saying (though I do not agree) - what fascinates me is how completely it mirrors the complaints about the sitting administration over the last 8 years. I find that bizarre, to say the least. 

Just a few examples, rather mainstream ones:

USA Today: ( http://www.usatoday.com/life/columnist/mediamix/20... )Christiane Amanpour, says that the press muzzled itself during the Iraq
war. And, she says CNN "was intimidated" by the Bush administration and
Fox News, which "put a climate of fear and self-censorship."

The Guardian ( http://www.guardian.co.uk/commentisfree/2008/aug/2... ): Their first big controversy arose in 2004 when the Seattle Times angered the Bush administration by publishing a front-page picture
of flag-draped coffins in a cargo plane in Kuwait, and since then the
Bush administration and the military have continued their anti-photo
policy.

CBS News ( http://www.cbsnews.com/stories/2006/03/17/60minute... ): But as correspondent Scott Pelley first reported last spring,
this imminent scientist says that the Bush administration is
restricting who he can talk to and editing what he can say.

And one less mainstream:

Top 25 Censored Stories for 2006 ( http://www.projectcensored.org/top-stories/categor... )

Don't you find this odd or unsettleing, the ease of which the finger can be pointed the other way?

Nerd's Eye View ( http://www.nerdseyeview.com )