George Will and Keith Oberman on the Fairness Doctrine - Who Least Wants It To Return?

In a Sunday column, George Will revisited conservative commentators' biggest fear - the return of the Fairness Doctrine.  Will went into depth on the history of the doctrine, the growth in the number of broadcast outlets in recent years, and growth in talk programming since the doctrine was abolished, all to argue against its reimposition.  This column prompted a response on MSNBC's Countdown Program the next day, ranking Will third on Keith Olbermann's Worst Person's segment - not for Will's argument against the return of the Fairness Doctrine, but for his even bringing up the issue of the possible return of the Doctrine.  Olbermann in effect accused Will of inciting unfounded fears of the doctrine's return, citing President-elect Obama's statement that he did not favor its return, and claiming that the Democrats in Congress otherwise were not pushing for its reimposition.  So what's the truth here?

As always, the truth always seems to lie somewhere in between these two extreme points of view.  The President-elect has indeed stated that he did not favor the return of the Fairness Doctrine and, while there have been no major efforts to reinstate the Doctrine yet announced, there is a proposal in almost every Congress for its return (see, for instance, our post on Congressman Kucinich's proposal to reimpose the Doctrine made two years ago and another post about the suggestion in support of its return made by Congressman Dingell six months later).  Other Congressional statements have also not ruled out an effort to bring it back, including a statement by Senator Schumer  of New York who, when asked about the Doctrine, asked: who could be against Fairness?  While we won't see the Doctrine return in what little is left of this year, who knows what efforts could be made next year to try to resurrect it - though the changes in the media landscape since the FCC declared the doctrine unconstitutional, as outlined by Will and about which we have written before, would seem to make its justification almost impossible on constitutional grounds (e.g. there is seemingly little scarcity that would justify the rule applying only to broadcasters and not any other medium).  But a simple matter of probable unconstitutionality has never stopped Congress from considering legislation before, so who knows what we might see considered this year - though, as Olbermann and Will's comments demonstrate, it seems as if neither end of the political spectrum really want the Doctrine to return.

Commission Responds to Congressional Inquiry on Children's Junk Food Ads

Three of the FCC Commissioners have responded to the Congressional inquiry about the Commission’s rules regarding junk food advertising about which we wrote here.  This inquiry was initiated by Congressman Ed Markey, Chairman of the House of Representatives Subcommittee on Telecommunications and the Internet. The Congressman's letter had urged the FCC to move quickly to implement rules limiting the advertising of unhealthy food aired during broadcasting directed to children.  The Commissioners' responses uniformly indicate the potential for regulation, depending in part on the outcome of the activities of the industry Task Force formed at the initiation of, and with the participation by, the FCC and Congress. See our reports on the formation of the Task Force, here.  The Commissioners all note that should the Task Force fail to conclude that the industry has achieved satisfactory results through self-regulation, FCC proceedings might be required to insure that children are not unduly exposed to junk food advertisements. 

Two commissioners, Chairman Martin and Commissioner Tate, responded jointly, and indicated that the FCC could explore regulation of unhealthy food, perhaps looking at guidelines adopted in other countries as a model for US regulation.  These Commissioners' statement even address the issue of regulating children's programming on cable television networks, where they claim that there is much exposure to ads for junk food.  These statements make clear that this is not just an issue for the broadcast industry.

Commissioner Copps, writing separately, goes on to suggest the possibility of using an approach that was a carry over from the now abolished Fairness Doctrine as a means to regulate ads for unhealthy food. The proposal would be to require that broadcasters provide equal time to proponents of healthy food for each ad run for unhealthy food. A similar approach was used by anti-smoking crusaders to limit cigarette ads almost 40 years ago, before laws prohibiting cigarette ads were adopted.

Look for more action on this front in the coming months as the Task Force completes its work. As stated in the Martin/Tate response, the Task Force has had two meetings and expects another three.  Look for a report from the Task Force late in the year.