Pence Pushes Petition to Bury ‘Unfairness’ Doctrine
- Oct 23, 2007 - 4
An overwhelming majority of the House of Representatives voted in June to place a one-year ban on reinstating the Fairness Doctrine, a defunct policy that restricted free speech on the airwaves. Now, one congressman is pushing a permanent solution that would send the policy to the ash heap of history.
Congressman Mike Pence (R-IN) last week filed a discharge petition, a rarely used tactic by a minority party, on his bill that would keep the Federal Communications Commission (FCC) from reinstating the Fairness Doctrine without an act of Congress.
If you value the First Amendment right to freedom of speech and believe the American people, not the government, should determine what types of issues are broadcast on the airwaves, please tell your congressman to add his name to Rep. Pence’s discharge petition on the Broadcaster Freedom Act (H.R. 2905).
The Fairness Doctrine governed broadcasters for nearly four decades, from 1949 to 1987, requiring them to present opposing viewpoints on political issues, until the FCC abolished the doctrine, contending the policy had run its course and violated the First Amendment.
If Rep. Pence’s petition receives the support of 218 House members, a simple majority of the chamber, the House leadership would be forced to bring the legislation to the floor for a vote.
Prospects of achieving that level of support are favorable, even though Rep. Pence’s legislation, the Broadcaster Freedom Act (H.R. 2905), is largely a Republican-backed bill. All 200 Republicans had signed on as cosponsors before the discharge petition was announced; just one Democrat, Rep. John Yarmuth (KY), had issued support. Currently, 136 congressmen have signed the petition.
In July, however, Rep. Pence earned the support of 113 Democrats, in addition to all voting Republicans, on an amendment to the Financial Services Appropriations bill preventing the FCC from reinstating the Fairness Doctrine during the 2008 fiscal year. The amendment passed overwhelmingly, 309-115.
Democrats who supported the Pence amendment are now feeling pressure from their leadership to withhold support from the Broadcaster Freedom Act. Democratic leaders in the House and Senate have indicated they believe regulating political content on the airwaves is a good idea. According to Senate Majority Whip Dick Durbin (D-IL), “It’s time to reinstitute the Fairness Doctrine,” and Sen. Diane Feinstein (D-CA) has said she is “looking at” reviving the policy.
Opponents of the Fairness Doctrine, better dubbed the “Unfairness” Doctrine, argue that conservative talk shows have left little room for liberal content on the radio airwaves. In fact, the left-leaning Center for American Progress claims in a June 2007 report that conservative talk radio outnumbers liberal broadcasting by a 9 to 1 margin, based on an analysis of 257 news/talk stations. While that may be true, it only reinforces the tried and true free market system and underscores the popularity of conservative radio. Talk radio is the marketplace of ideas, free from government interference. Many people turn to conservative programming because they can scarcely find it in television and newspaper sources.
The Fairness Doctrine made sense when it was put in place more than a half-century ago. Radio was limited to only a few stations, television consisted of the Big Three—ABC, CBS, and NBC—and the Internet had not yet been conceived. Now it is clear, as the Supreme Court ruled in 1985 and the FCC affirmed under President Reagan two years later, that the Fairness Doctrine is no longer a force for, but a muzzle to, free speech.
If you value the First Amendment right to freedom of speech and believe the American people, not the government, should determine what types of issues are broadcast on the airwaves, please tell your congressman to add his name to Rep. Pence’s discharge petition on the Broadcaster Freedom Act (H.R. 2905).
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4 comments (post your own) feed
1 On Oct 25th, 2007, at 10:23am, Del Curtis wrote:
Our Representative, JoAnn Davis, lost her bout with cancer.
Be assured, those seeking to sit in her seat in the congress will be asked their position on this important First Amendment issue.
Thanks for keeping us informed on these important issues.
2 On Oct 25th, 2007, at 10:36am, Rev. Ellis Moore wrote:
Please abide by the constitution and the right of free speech.
3 On Oct 25th, 2007, at 10:58am, Dr, Homer Ontman wrote:
It is imperative that Congress be prevented from invading our Bill of Rights Guarantees under the Constitution. Historically they have shown an initiative to do so, and we citizens MUST call them to task.
4 On Oct 25th, 2007, at 1:59pm, Del Curtis wrote:
Rev. Moore,
Sir, I don’t understand your comment. Do you believe that in some way I am not abiding by the constitution and the right of free speech? If that is your belief please let me know why, because I am a strong advocate of the First Amendment.
I look forward to your explanation.