
 |
|
May 22, 2013
John Thorne:
They launched the 'Arab Spring' but now yearn for the good old days of a strongman
May 20, 2013
Richard A. Serrano: Is Meir Kahane's assassin now a changed man?
Melissa Healy: Genetic copies of living people from embryos no longer science fiction
Jewz in the Newz by Nate Bloom : Jews Inducted into Rock Hall of Fame; Anton Yelchin co-stars in New "Trek" film; Kutcher (but not Kunis) visits Israel; Jewish TV Star Praises Jewish Rap Star
The Kosher Gourmet by Cathy Pollak: WARNING: This WALNUT CAKE WITH PRALINE FROSTING, perfect for afternoon coffee, is addicting
May 13, 2013
Rabbi Nathan Lopes Cardozo: Why the giving of the document that would permanently change the world could only be done in desolation
David G. Savage: Church-state, literally? Supreme Court weighing public school graduation in a church
May 10, 2013
Rabbi Berel Wein: Be all that you should be
May 8, 2013
Peter Ford: Why China is welcoming both Israel's Netanyahu and Palestinians' Abbas
Warren Richey: Obama administration quietly backs out of appeal over new contraceptive mandate
Fred Weir: At Kerry-Putin meeting, US-Russia relations thaw --- a tad
The Kosher Gourmet by Leela Cyd Ross : Almost too pretty to eat, this colorful salad with Sicilian inspiration will tickle the taste buds and delight your visual sensibility
May 6, 2013
May 3, 2013
Kids, kittens the Same? With employee perks at struggling Internet pioneer Yahoo! it's hard to tell
Sandy Kleffman: Artificial kidney offers hope to patients tethered to a dialysis machine
April 29, 2013
Roy Gutman: Poland's new Jewish museum celebrates life, doesn't revisit Holocaust
Mark Clayton: Terrorism in America: Is US missing a chance to learn from failed plots?
Kim Murphy: Boston Bomber's 'Svengali' Revealed
Pete Spotts: Tiny satellites + cellphones = cheaper 'eyes in the sky' for NASA
April 26, 2013
Clifford D. May: Defense in the Age of Jihadist Terrorism
Sharon Palmer, R.D.: How to feel your best -- with plenty of energy, a healthy weight and optimal mental and physical function -- without driving yourself batty
April 24, 2013
|
| |
Jewish World Review
Oct. 30, 2007
/ 18 Mar-Cheshvan
Fairness Is Foul: Liberals vs. the First Amendment
By
John H. Fund
| 
|
|
|
|
http://www.JewishWorldReview.com |
It wasn't that hard for Indiana's Rep. Mike Pence to build media and congressional support for his Free Flow of Information Act, which would protect the confidentiality of contacts between reporters and sources. It passed the House this month by an overwhelming vote of 398-21. His next battle will be a lot harder to permanently ban the Fairness Doctrine, the regulation many liberals are now actively trying to revive in an effort to silence their critics.
Until the FCC scrapped the Fairness Doctrine in 1987, it required broadcasters to provide equal time to all sides of "controversial" issues. In practice, this led to what Bill Monroe, a former host of NBC's "Meet the Press," called "timid, don't-rock-the-boat coverage." On radio, Newsweek's Howard Fineman notes, it "effectively kept partisan shows off the airwaves," so that in 1980 there were a mere 75 talk radio stations. Today there are 1,800.
But the Fairness Doctrine has always had fans in the corridors of power because it gave incumbents a way of muzzling their opponents. The Kennedy administration used it as a political weapon. Bill Ruder, Kennedy's assistant secretary of commerce, explained: "Our strategy was to use the Fairness Doctrine to challenge and harass right-wing broadcasters and hope that the challenges would be so costly to them that they would be inhibited and decide it was too expensive to continue." The Nixon administration similarly used the doctrine to torment left-wing broadcasters.
Democrats who have become "Fairness" mongers insist they simply want to restore civility and balance to the airwaves. Al Gore, in a typically overheated speech last year bemoaned "the destruction of [the] marketplace of ideas" which he blamed in part on the repeal of the Fairness Doctrine, after which "Rush Limbaugh and other hate-mongers began to fill the airwaves."
Sen. Dianne Feinstein rails against "one-sided programming" that has pushed the American people into "extreme views without a lot of information." She thinks Americans deserve to know "both sides of the story." Isn't it enough that National Public Radio, subsidized by the government, serves as a vehicle for liberal voices in just about every community in the country?
True, commercial radio is dominated by conservatives, but perhaps that's because liberal arguments in their full-throated glory just haven't sold as well. Air America, the liberal talk radio network that debuted in 2004, is in perpetual financial trouble. Then there's the GreenStone talk radio network started last year by feminists Jane Fonda and Gloria Steinem. It offered cutting-edge liberal thinking pitched to a female audience and flopped completely.
Rep. Pence says he knows all about the power of talk radio because he used to host a statewide show in Indiana, where he describes himself as "the decaf Rush Limbaugh." He believes the Fairness Doctrine would "amount to government control over political views expressed on the public airwaves." In June his first effort to impose a one-year moratorium on any revival of the Fairness Doctrine by the FCC passed, 309-115, with nearly half of House Democrats voting in favor.
But a one-year moratorium was an easy vote, because there is no reason to expect the Fairness Doctrine to make a comeback before 2009, when a new president perhaps a Democrat appoints a majority of FCC commissioners.
That's why Mr. Pence is proposing the Broadcaster Freedom Act, a bill that would permanently bury the Fairness Doctrine. Because House Democratic leaders are unlikely to allow it to come to the floor for a vote, Mr. Pence has launched a "discharge petition," a device to bypass House committees and move the bill directly to the floor. He needs 218 members a House majority to sign the petition. He has collected 185 signatures, but all from Republicans. Democrats are being told by their leadership that signing such a petition would undermine their control of the House.
Mr. Pence, says that "freedom should not be a partisan issue" and that he is optimistic that he can collect the signature of every Republican and then pluck off some 20 of the Democrats who voted for his one-year moratorium last summer (he'd need at least 18).
The stakes are high. "Lovers of liberty must expose calls to restore the Fairness Doctrine for the fraudulent power-grab that they plainly are," writes Brian Anderson, editor of the Manhattan Institute's City Journal.
That's because the attempts to control the airwaves won't stop with so-called equal time rules. Al Franken, the liberal former Air America host who is now running for the Senate in Minnesota, is already slipping into the role of potential legislative censor of his old industry. "You shouldn't be able to lie on the air," he told Newsweek's Mr. Fineman earlier this year. "You can't utter obscenities in a broadcast, so why should you be able to lie? You should be fined for lying."
In fact, you can be "fined" for lying, if the person you lie about successfully sues for defamation. But the First Amendment makes it exceedingly difficult for defamation plaintiffs to prevail, especially if they are public figures and for good reason. Under a more pro-plaintiff legal regime, "the pall of fear and timidity imposed upon those who would give voice to public criticism is an atmosphere in which the First Amendment freedoms cannot survive," Justice William Brennan wrote in New York Times v. Sullivan (1964).
Justice Brennan used to be a liberal hero. If he were alive today, he would surely be dismayed to learn that liberals seem to have concluded they have no use for the First Amendment.
Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
JWR contributor John H. Fund is author, most recently, of "Stealing Elections: How Voter Fraud Threatens Our Democracy". (Click HERE to purchase. Sales help fund JWR.) Comment on this column by clicking here.
ARCHIVES
© 2006, John H. Fund
|
|

Arnold Ahlert
Mitch Albom
Jay Ambrose
Michael Barone
Barrywood
Lori Borgman
Stratfor Briefing
Mona Charen
Linda Chavez
Richard Z. Chesnoff
Ann Coulter
Greg Crosby
Larry Elder
Suzanne Fields
Christine Flowers
Frank J. Gaffney
Bernie Goldberg
Jonah Goldberg
Julia Gorin
Jonathan Gurwitz
Paul Greenberg
Argus Hamilton
Victor Davis Hanson
Betsy Hart
Ron Hart
Nat Hentoff
A. Barton Hinkle
Jeff Jacoby
Paul Johnson
Jack Kelly
Ch. Krauthammer
David Limbaugh
Kathryn Lopez
Rich Lowry
Michelle Malkin
Jackie Mason
Ann McFeatters
Dale McFeatters
Dana Milbank
Jeanne Moos
Dick Morris
Jim Mullen
Deroy Murdock
Judge A. Napolitano
Bill O'Reilly
Clarence Page
Kathleen Parker
Star Parker
Dennis Prager
Wesley Pruden
Tom Purcell
Sharon Randall
Robert Robb
Cokie & Steve Roberts
Heather Robinson
Debra J. Saunders
Martin Schram
Greg Schwem
Culture Shlock
David Shribman
Roger Simon
Lenore Skenazy
Michael Smerconish
Thomas Sowell
Ben Stein
Mark Steyn
John Stossel
Cal Thomas
Dan Thomasson
Bob Tyrrell
Diana West
Dave Weinbaum
George Will
Walter Williams
Byron York
ZeitGeist
Mort Zuckerman

Robert Arial
Chuck Asay
Baloo
Lisa Benson
Chip Bok
Dry Bones
John Branch
John Cole
J. D. Crowe
Matt Davies
John Deering
Brian Duffy
Everything's Relative
Mallard Fillmore
Glenn Foden
Jake Fuller
Bob Gorrel
Walt Handelsman
Joe Heller
David Hitch
Jerry Holbert
David Horsey
Lee Judge
Steve Kelley
Jeff Koterba
Dick Locher
Chan Lowe
Jimmy Margulies
Jack Ohman
Michael Ramirez
Rob Rogers
Drew Sheneman
Kevin Siers
Jeff Stahler
Scott Stantis
Danna Summers
Gary Varvel
Kirk Walters
Dan Wasserman

Tech Q&A
Mr. Know-It-All
Ask Doctor K
Richard Lederer
Frugal Living
On Nutrition
Bookmark These
Bruce Williams
|