The Fairness Doctrine

Paper Summary:

This paper explains the Fairness Doctrine and charts its application over its forty year history. It also examines the relevant Supreme Court cases in relation to the Doctrine and looks at how two presidents embraced the doctrine and used it to actively curtail free speech. The party political argument from both the Democratic and the Republican parties is examined and explained, with criticisms being illustrated throughout the paper.

From the Paper:

"The Fairness Doctrine was first introduced at the beginning of anti-communist hysteria in the United States in 1949 and stated that opposing viewpoints on issues of controversy had to be presented in an equal manor, with equal time given to each viewpoint in the media. This rule however was not applied to newspapers, but only to the broadcast media outlets of television and radio. The doctrine was intended to enable a wider range of opinions to be aired, so that the public would be better informed about current events. The owners of radio and television stations were threatened with having their licences revoked or having to pay hefty fines if the rule was not stringently adhered to. "

Sample of Sources Used:

• 1) www.unrv.com/culture/juvenal.php
• 2) Red Lion Broadcasting Co. v. FCC (1969), www.epic.org/free_speech/red_lion.html
• 3) New York Times Co. v Sullivan, (1964) www.bc.edu/bc_org/avp/cas/comm/free_speech/nytvsullivan.html
• 4) Whitney v. California (1927), http://usinfo.state.gov/usa/infousa/facts/democrac/44.htm
• 5) Consolidated Edison Co v Public Service Commission of NY, (1980) http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=447&invol=530

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