Unfairness Fairness Doctrine: Doe it Target Correct Medium?

Lee Ellis

Friends, do you remember what our media was like a few decades ago? I am sure that many of you are too young to go back more than two decades, so let me explain, and remind some people who might be older, what this broadcast veteran remembers.

Before television, our radio stations were basically those that belonged to, or were affiliated with, the networks and so most of them carried dramas, called "soap operas," during the day and celebrity shows all evening. These were the days of Jack Benny, Fred Allen, Milton Berle, and dramas like Gangbusters and Gunsmoke. It was not until 1948 that I was able to buy my first black and white TV set, with a screen size of only 10 inches. In those days we did not have cable TV or computers, and thus, the networks slowly switched all their nightly radio programs over to evening television. However, to receive these programs, we had to install huge antennas on our rooftops. If we lived in a major metropolitan city, we might be able to see a maximum of three TV stations; if we lived on the outskirts or in a suburb, we were lucky to be able to receive just one TV station.

It was then, according to the Museum of Broadcasting, that the FCC took the view, in 1949, that station licensees were "public trustees," and as such had an obligation to afford reasonable opportunity for discussion of contrasting points of view on controversial issues of public importance. The Commission later held that stations were also obligated actively to seek out issues of importance to their community and air programming that addressed those issues. This was understandable back then, because it was feared that broadcast owners could dominate the public with their own personal political views and, with so few outlets, this could have been a real issue.

The Museum of Broadcasting further reminds us, “The fairness doctrine ran parallel to Section 315 of the Communications Act of 1937 which required stations to offer ‘equal opportunity’ to all legally qualified political candidates for any office if they had allowed any person running in that office to use the station. The attempt was to balance -- to force an even handedness. Section 315 exempted news programs, interviews and documentaries. But the doctrine would include such efforts. Another major difference should be noted here: Section 315 was federal law, passed by Congress. The fairness doctrine was simply FCC policy.”

This was not true as far as newspapers were concerned. I can remember when the average home would subscribe to as many as four newspapers per day: two in the morning and two in the late afternoon. Back then, they were only 2 cents each on a news rack. As a boy, my parents used to have four Boston newspapers thrown on our front porch daily. When I came to LA, the city had four newspapers, too: The LA Times, The LA Mirror, the LA Herald-Express and the LA Examiner.

As TV grew rapidly and matured with color, it began to take over the news, causing newspapers to lose readers and advertisers. As this trend grew, newspapers shrunk to only one per city.

Radio had almost died, but then discovered “format radio” that appealed to what was called niche or specialty groups. It started with “Top Forty” popular record hits that became highly successful. This was followed by 24 hour news radio stations as was pioneered by two LA radio companies ---KNX and KFWB.

Finally, talk radio was started with people like the late Joe Pyne. His daily taped and syndicated radio program was heard in 254 markets and Pyne was also the number-one morning guy in LA in 1966. He was so popular he was allowed to broadcast the 6-10 a.m. program from his home. He also was the first outraged, outspoken voice on national television, the father of modern conservative talk shows; blazing a path for Morton Downey, Jr., Wally George, Bill O'Reilly, Rush Limbaugh, Laura Ingraham, Sean Hannity, and many others. Radio really grew and began to dominate the marketplace in the daytime. Today there are 31 AM plus 49 FM --- a total of 80 radio stations --- in just the city of Los Angeles, all with their own specialty niche audience groups.

As Cable TV brought in new channels such as CNN, MSNBC and Fox News, network news began to slip. CBS, NBC and ABC began to substitute features for much of their hard news, relegating most political news to headlines or just two minutes of TV time. Between features and commercials, there was not much time left in a half-hour news period.

And so, as both TV and radio stations multiplied with even small towns being supplied not only by many AM and FM radio stations but also by cable, suddenly bringing in hundreds of TV channels broadcasting all types of viewpoints, this opened the door to stopping the so-called fairness policy.

In 1985, the FCC issued its Fairness Report, asserting that the doctrine was no longer having its intended effect, might actually have a "chilling effect" and might be in violation of the First Amendment. In a 1987 case, Meredith Corp. v. FCC, the courts declared that the doctrine was not mandated by Congress and the FCC did not have to continue to enforce it. The FCC dissolved the doctrine in August of that year.

Jumping to 2007, what was feared back in the 40s - when people had only one station to which they could listen - had begun to happen today, as both Network news and Cable news began to echo the singular policies and theories of the Left, or the new Secular Progressives, who were intent on socializing the American government, as had happened in Europe. The only opposition voices that emerged today came from the new talk radio.

Yes, Fox News Network had turned half of its views to conservatives, but it was the lone TV network doing this. It was up against the liberal views of CNN, MSNBC, ABC, CNBC, NBC, ABC, CBS, and taxpayer-supported, government-sponsored NPR! It was also up against the new liberal blogs and Left-Wing web sites such as www.MoveOn.org on the rapidly growing Internet, as computers had become an essential part of every home. And, of course, all far-left groups still had access to Fox to counteract any views held by conservatives.

Yet, this was not enough for the Leftists. As of early 2007, Senator Bernie Sanders, along with Representatives Dennis Kucinich, Maurice Hinchey and Louise Slaughter had announced their support of legislation, which would reverse the 1987 FCC decision and restore the Fairness Doctrine. They have now been joined by Senators Dianne Feinstein, John Kerry and Dick Durbin. Clearly, this is a deliberate attempt to destroy the free speech imperatives and thus eliminate the remaining voice of the Conservatives --- Talk Radio!

Remember today’s context: the Democrats now seem to control and have access to all TV networks except one, and to liberal blogs and internet sites like www.MoveOn.org . They also seem to have the complete editorial support of almost all newspapers in the nation, especially large metropolitan ones, such as The New York Times, The Washington Post, The Chicago Tribune, The Atlanta Journal-Constitution, The San Francisco Chronicle and The Los Angeles Times.

We must also remember the fact that the Fairness Doctrine originally was added by the FCC when cities were limited to only one TV station owner per locale. Now, the only private medium that seems limited to just one owner is the local newspaper. So if we apply the original reason for the need of The Fairness Doctrine, then it needs to be applied to the print media, not to the many radio stations broadcasting in each such area!

In most towns today, the local newspaper is probably owned by a chain. While local news is often well done by local reporters, almost all opinion columns and national news come from syndicated sources, mostly direct from The New York Times Syndication Service or from AP (The Associated Press). In my valley of nine cities, we have access to many radio stations ---both AM and FM. Time-Warner Cable supplies us with both hundreds of TV channels and broadband Internet for our computers, but we only have one local newspaper! The only way to get the Conservative viewpoint is to turn to just two of the local radio broadcast channels where we can listen to the following: Rush Limbaugh, Bill O’Reilly, Sean Hannity and Laura Ingraham.

Based on this desire of some of our liberal government politicians for fairness, which medium really needs a Fairness Doctrine applied? It is certainly NOT Talk Radio ---to do that would require the Unfairness Fairness Doctrine!

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Lee Ellis is a retired journalist and narrator, formerly with both CBS and Gannett (USA Weekend). He was also a combat veteran of WWII, having fought in the South Pacific invasions. He had the pleasure of interviewing Ronald Reagan as an actor and then later working to help him become Governor of California. At the age of 80, he is keeping busy writing and doing free lance narrations for radio and television. He is an active member of Rotary and the VFW.

indiolee@dc.rr.com