Thread: Fairness Doctrine 'unconstitutional'

Fairness Doctrine 'unconstitutional'
Clarence Thomas: Controversial policy 'deep intrusion' into broadcasters' rights

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Posted: April 29, 2009
11:04 pm Eastern


By Joe Kovacs
© 2009 WorldNetDaily




For the first time, a U.S. Supreme Court justice is offering some legal insight about the so-called Fairness Doctrine, suggesting the off-the-books policy could be declared unconstitutional if it's revived and brought before the bench.

In written discussion on yesterday's ruling cracking down on indecent language on television, Justice Clarence Thomas called the policy "problematic" and a "deep intrusion into the First Amendment rights of broadcasters."

The doctrine requiring broadcasters to air opposing viewpoints on controversial issues was brought to an end in the 1980s under the direction of President Ronald Reagan's Federal Communications Commission.

There has been widespread fear, though, the policy could be resurrected during the term of President Barack Obama.

Don't be silent! Sign the petition to block federal government attacks on freedom of speech and freedom of the press.

The Pacific Justice Institute, a California-based legal group specializing in the defense of religious freedom and other civil liberties, is calling the remarks by Thomas "very significant."

"To my knowledge, this is the first time a sitting Supreme Court justice has weighed in on this issue," Matt McReynolds, a PJI staff attorney, told WND.

"It could potentially take a lot of steam out of the movement from those who want to bring back the Fairness Doctrine. It also provides a lot of ammo to those who have been saying it's unconstitutional. Now we have some validation from a member of the court."

Thomas is questioning the viability of Supreme Court precedents dating back to the 1960s, long before the explosion of media sources beyond radio airwaves.

"The text of the First Amendment makes no distinctions among print, broadcast, and cable media, but we have done so," Thomas noted.

"It is certainly true that broadcast frequencies are scarce but it is unclear why that fact justifies content regulation of broadcasting in a way that would be intolerable if applied to the editorial process of the print media."

He also noticed "the number of over-the-air broadcast stations grew from 7,411 in 1969 ... to 15,273 by the end of 2004."

If Congress and the president bring the doctrine back to life, there is no doubt lawsuits will fly.

"We are prepared to take legal action should it be reinstated," said Brad Dacus, president of PJI. "Justice Thomas' opinion is very encouraging to everyone who believes in free speech and government non-interference with public debate."

Meanwhile, as WND is also reporting today, the leader of a newly formed public awareness campaign to alert U.S. citizens about an effort to stifle free speech says he expects local "boards" will be assembled within 90 days to begin censoring talk radio, a move that will come as an "Arctic blast" against the expression of opinion in the United States.

"I think the FCC is on the cusp of enacting regulations that would fundamentally alter the traditional American assumption that we have the right to share and debate political opinions," said talk-show host Roger Hedgecock, whose new initiative is called "Don't Touch My Dial."

"The assault on the First Amendment that is being planned by the government and the extremist Left is not limited to their desire to silence conservative talk radio," Hedgecock said.

"Newspapers and television are not immune to the anti-First Amendment efforts that are at work here. In addition, the Internet is also a target for receiving the restrictive aspects of the so-called 'Fairness Doctrine.'"

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Censors for talk radio expected within 90 days
Leader of public awareness campaign warns of 'Arctic blast' against free speech

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Posted: April 29, 2009
11:08 pm Eastern


By Bob Unruh
© 2009 WorldNetDaily





The leader of a newly formed public awareness campaign to alert U.S. citizens about an effort to stifle free speech says he expects local "boards" will be assembled within 90 days to begin censoring talk radio, a move that will come as an "Arctic blast" against the expression of opinion in the United States.

WND reported just days ago on a meeting at which more than two dozen principals of the nation's top talk radio shows held a private strategy meeting to discuss government plans to squelch critical political speech on radio.

Organized by Brad O'Leary, author of the new book, "Shut Up, America! The End of Free Speech," and Joseph Farah, editor and chief executive officer of WND, the group chose one attendee to be spokesman and chairman of the coalition – syndicated host Roger Hedgecock of San Diego.

The American Radio Free Speech Foundation was adopted asthe name, and leaders now have announced a public awareness campaign and educational initiative, called Don't Touch My Dial.

The announcement said the U.S. now is facing "an insidious attack on its First Amendment Rights that is being cloaked in legislation and regulation evidenced by the recently circulated draft FCC regulations … to impose 'localism' and 'media ownership diversity' on talk radio."

"In addition, under the guise of 'cyberspace security,' Sens. Rockefeller, Snowe and Nelson have introduced S773 which would, critics say, give the federal government control over the Internet including, under emergency conditions, the right of the president to shut down the whole Internet or sites on it, including the interruption of e-mail," the announcement said.

"When the public is informed about what is happening behind the scenes to threaten their First Amendment rights, they will be outraged. As shown in a recent poll that was commissioned by the coalition and is part of the 'Zogby/O'Leary Report's First 100 Days Poll' when 3,937 voters from the last election were asked: 'Four members of the U.S. Senate recently introduced a bill that would allow the president of the United States to turn off the Internet nationally in the event of an emergency, however the Bill does not DEFINE what constitutes an emergency. Do you support or oppose this bill?'" the announcement said.

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Nearly 82 percent opposed the idea. Only 5 percent agreed with it.

Hedgecock told WND that most people simply don't understand what the government appears to be demanding.

"I think the FCC is on the cusp of enacting regulations that would fundamentally alter the traditional American assumption that we have the right to share and debate political opinions," he said.

"I believe the strategy is to make the current state of compliant journalism that prevails in the mainstream media the norm as well on the Internet and in talk radio," he said.

And it's coming soon.

"I think in the next 90 days we will see the imposition of the local advisory boards. They will immediately become complaint departments staffed by the Left on all local and nationally syndicate talk programs," Hedgecock warned.

The underlying threat, of course, would be to the license the business needs to operate as a radio station.

"The threats of those complaints to the viability of the underlying station licenses will be immediate and will force corporations that own these stations into a very defensive posture," he said.

"Talk about a chilling effect on free speech, this will be an Arctic blast of restraint on opinion based on the threat to take the license away," Hedgecock said.

But talk radio will be just the first target, he said.

"The assault on the First Amendment that is being planned by the government and the extremist Left is not limited to their desire to silence conservative talk radio," he said. "Newspapers and television are not immune to the anti-First Amendment efforts that are at work here. In addition, the Internet is also a target for receiving the restrictive aspects of the so-called 'Fairness Doctrine.'"

Just weeks ago, Sen. Dick Durbin, D-Ill., submitted an amendment to the D.C. Voting Bill which would require the FCC to "encourage and promote diversity in ... media ownership" and reaffirm FCC authority to mandate the presentation "of opposing points of view on issues of public importance."

Also of concern to the hosts and producers gathered in the nation's capital was a decision last week by Clear Channel, the nation's largest owner of radio stations, to mandate the creation of local advisory boards by June at all of its properties. The move was seen as pre-emptive as the industry anticipates an FCC stacked with Barack Obama appointees will soon require stations to answer to panels of community activists.

In February, the FCC floated several proposals to require stations to better serve local communities, including establishing community advisory boards to consult stations on programming.

"We are materially increasing our commitment to community programming, increasing our accountability and broadening our public-service contributions in every local market we serve," said John Hogan, president and chief executive officer of Clear Channel. "We believe when radio focuses on servicing local communities, it is radio at its finest."

Other key members of the group so far include Lars Larson, Rusty Humphries, Rev. Jesse Lee Peterson, Steve Gill, Martha Zoller, Joyce Kaufman and Kirby Wilbur.

The public awareness campaign website includes a petition campaign to protest the developing limits. It also describes the so-called "Fairness Doctrine," explains what it does to free speech and quotes a number of experts on the subject.

"Rather than having the government regulate what people can say, we should let the market decide what people want to hear. That's precisely why the Fairness Doctrine was abandoned, and that's why it ought not to be revived," said U.S. Rep. Jeff Flake, R-Ariz., in a commentary critical of the plan.

"This fight is a First Amendment fight and one that every American must be involved with, which is why we have created 'Don't Touch My Dial' as a vehicle for mass participation," Hedgecock said.

Hedgecock also is chairman for Unfair Air, an effort to to protect First Amendment Rights as they pertain to radio and radio audiences.

WND founder and editor Joseph Farah launched a petition campaign months ago to block federal government attacks on freedom of speech and freedom of the press.

"This issue – and the urgent need for a broad-based, aggressive coalition to fight back – is much bigger than talk radio, and much more dangerous than an effort to simply silence a few voices that the current administration dislikes," says Hedgecock. "This fight is a First Amendment fight and one that every American must be involved with, which is why we have created 'Don’t Touch My Dial' as a vehicle for mass participation."

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