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.

Obama's Radio Address is Streamed on the Internet - Demonstrating Why There Need Not Be Any Return of the Fairness Doctrine

Last week, President-elect Barack Obama delivered his first weekly radio address since he was elected President.  The broadcast made news, not only for its content, but also because it was streamed on the Internet, particularly on You Tube, but also retransmitted on many other websites.  The fact that the Internet makes such transmissions not only possible, but so easy and so widely available demonstrates one of many reasons why all the worry about the return of the Fairness Doctrine is unwarranted.  With access to so many diverse opinions not only on the radio but also through all of the new technologies, why should the government care that one radio station may not cover all sides of a controversial issue?  If one station does not put on a strongly held viewpoint on an important issue, you can bet that someone who holds that viewpoint will find some way to transmit it to others. 

The return of the Fairness Doctrine has been the great invisible monster in the room since the election - with many commentators, particularly conservative ones, worrying that the Democratic Congress will attempt to reinstate the Fairness Doctrine.  Off-hand comments such as those made by Senator Schumer on Fox News, have fueled this speculation, even though the Obama campaign has specifically rejected such a return.  The Fairness Doctrine is one grounded in scarcity of the electronic spectrum - from the fear that if one side of an issue was allowed to dominate one of the few means of communicating with the population of a community, it would effectively be able to stifle the ability of those with contrasting viewpoints to get their message out.   But, to use a phrase that is becoming increasingly popular - that thinking is so 20th Century.

The FCC itself abolished the Fairness Doctrine in the last century finding it unconstitutional, especially in light of the growth in the number of media outlets.  Since the abolition, the number of available media outlets has increased exponentially.  Just look at the recent elections, when blogs and other websites often drove the political conversation, identifying issues that were later picked up by the mainstream media, and debunking arguments and talking points that were disseminated by the mainstream media.  The growth of the Internet alone shows how communications has become so diverse that there is no scarcity that could justify the imposition of a fairness requirement only on the broadcast media.  There is so much other media that is delivered to any home - whether by new broadcast outlets, or by satellite or cable delivery, or even in print, that there can no longer be any scarcity justification for the Fairness Doctrine.  Earlier this week, I attended the Future of Television Conference in New York City, where much of the conversation was on the delivery of television programming to cell phone handsets or other mobile devices.   There is simply an explosion in the number of media outlets - and no justification for the return of the Fairness Doctrine.

Those who even discuss the return have to consider what it would mean.  We have written about how it would be a prescription for the return of bland programming.  Stations that run talk programming - whether it be Rush or Air America, would have to avoid the opinionated messages that they now air so that all sides of issues could be presented on every station.  Why force every station to air the same opinions, when with the number of broadcast outlets available in most markets, there can be a real diversity of voices among the competing stations?  I've heard some broadcasters say that the return of the Fairness Doctrine and the end of opinionated programming would effectively signal the end of the already ailing AM radio band which now relies very much on talk radio, compelling to niche audiences, to bring in audiences.  Others forget that issue-oriented commercials also had to be "fair" - so if one side of an issue was able to buy advertising time on a station and the other side could not afford to buy time to respond, the station had to give the other side airtime - for free!  Just imagine if such a requirement were put on newspapers, magazine or websites.  In a moment, the Courts would declare any such government requirement unconstitutional.

So let's hope that, in this multichannel universe with almost unlimited media outlets, the rumors of the return of the Fairness Doctrine are just that - rumors.  In an administration looking to bring about change and take America into the future, let's not look at yesterday's rules to further imperil broadcasters in a very competitive, very uncertain time.