Friday, July 11, 2008

The Constitution is clear enough. There shall be no law limiting the freedom of the press. That, of course, does not stop congressional Democrats, led by House Speaker Nancy Pelosi, as they try to sneak the Fairness Doctrine back into practice over American airwaves.

This doctrine governed American radio for the better part of four decades, before it died an appropriate death in 1987 under President Reagan. The doctrine aimed to require broadcast licensees to present “all sides” of a controversial issue. Naturally, federal bureaucrats would get to decide what “all sides” means, sending a chill over the airwaves.

Today, the “Fairness Doctrine” would mean that radio personalities, such as Rush Limbaugh, could not run his program as he sees fit. The approval of his 14 million weekly listeners and Clear Channel Communication’s $400 million of confidence would not be enough. The U.S. government would stand ready to tell him which points of view must be aired, which guests to host, and so forth. No wonder, then, given the conservative dominance of talk radio, that its return is a stealthy priority for Democrats these days.



The Fairness Doctrine, first introduced in 1949 amid anti-Communist fervor, ended 21 years ago after the Federal Communications Commission (FCC) realized the error of its ways following much Republican protestation.

A year ago, the House approved a one-year Fairness Doctrine moratorium attached to a financial services bill with a majority of 309 lawmakers, Republicans and Democrats alike. The deadline is now fast-approaching.

Naturally, the House Democratic leadership has prevented movement on a Republican measure, the Broadcaster Freedom Act, to kill the Fairness Doctrine once and for all. They know the House would vote sensibly, given the chance.

So, why do Democrats want to limit freedom of the press with what amounts to government censorship? The answer to that question is the same as it always was. Conservative dominance of talk radio irks them to no end. Right-leaning talk radio is consistently and increasingly popular around the country. The Fairness Doctrine allows the left to fight back with regulation. As Sen. Dianne Feinstein put it on FOX News Sunday a year ago: “[T]alk radio is overwhelmingly one way,” so she would be “looking at” reviving the Fairness Doctrine.

To put the matter to rest once and for all, Rep. Mike Pence’s Broadcaster Freedom Act emerged last June to formally prohibit the FCC from ever repromulgating the doctrine. The Indiana Republican, himself a former radio host, is this bill’s ideal spokesman. But it has languished in committee.

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At present, a discharge petition to bring a vote has garnered 196 signatures. Two-hundred eighteen votes are needed. Of the 309 House members who approved the one-year moratorium attached to the financial-services bill, approximately 100 have not signed the petition. Not surprisingly, the flip-floppers fall along partisan lines. But it’s worth reminding these newly minted “Fairness Democrats” that it wasn’t so long ago that they rightly abhorred government censorship of the airwaves.

Mrs. Pelosi should at least allow a vote on a measure - any measure - to show the public where lawmakers stand. The Fairness Doctrine is a profound offense to the First Amendment: All reasonable lawmakers of every stripe should oppose it.

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