Skip to main content
  • CNSNews.com
  • MRC TV
  • Biz & Media
  • Culture & Media
  • TimesWatch
  • Take Action!

Join Us @:
Facebook
Twitter
Amazon Kindle

Free email alerts!

NewsBusters logo
May 19, 2013
  • Home
  • Blogs
  • About
  • Forum
  • Take Action
  • Contact
  • Donate
  • Search
  • RSS

Hot Topics

  • IRS Targets Tea Party
  • Benghazi Fiasco
  • Gosnell Trial
  • Censoring the News
Home » Blogs » Lachlan Markay's blog
  • Video: Brent Bozell Cautions Media Will Quickly Revert to Defending Obama, Attacking GOP Over Scandals
  • Bozell Column: 'Progress' Gets Canceled
  • CNN's Banfield: 'Take Me Off the Ledge' and Tell Me IRS Audits Weren't Political
  • NBC's Williams Ready to Move On: 'It's Tough to Know the Staying Power of Any Given Scandal'
  • Video: Bozell, Hannity Amused That Obama Sycophant Chris Matthews Worried Obama's White House Filled with Yes-Men
  • Luke Russert: 'Smart' House Republicans Aren't The 'God, Guns & Guts People'
  • Tea Partiers Confront Comcast CEO: Why Would a Conservative Want Their Money to Pay Al Sharpton's Salary?
  • Bob Schieffer Spins Obama Scandals: White House Not Like Nixon's, Which Had Burglars and Bomb Plots

Yes, It Still Exists: House Members Call on FCC to Formally End 'Fairness Doctrine'

By Lachlan Markay | June 01, 2011 | 11:55

A  A

Many believe that the Fairness Doctrine was repealed in the 1980s. In fact, it remains on the books, as Federal Communications Commissioner Robert McDowell recently noted. President Ronald Reagan's FCC - and each one since - opted to not enforce the law for constitutional reasons, but the law itself still exists.

Two House Republicans have sent a letter to FCC Chairman Julius Genachowski asking him to officially remove the law - and a few related measures - from the Code of Federal Regulations.

Rep. Fred Upton, chairman of the House Energy and Commerce Committee, and Rep. Greg Walden, who chairs the panel's Communications and Technology Subcommittee, have given Genachowski until Friday to confirm that the regulations will be removed. Will the FCC Chairman, who has a record of liberal views on contentious communications issues, comply?

As the letter notes, both Genachowski and President Obama have expressed their opposition to the Doctrine and other federal regulations on broadcast outlets' political content - specifically, a pair of regulations that would require broadcasters to pay for responses to on-air personal attacks and political ads.

Further, Upton and Walden note, Genachowski has signaled his intention to remove all unnecessary regulations from the FCC's rolls, pursuant to the spirit of an Obama executive order aimed at trimming the federal government's excessive bureaucracy. The Fairness Doctrine and its corollaries "would seem like an easy place to start." the letter states, "since the FCC has already abandoned them based on principles you say you continue to support."

Here is the relevant excerpt of the letter (pdf of the full document here):

Despite the FCC's determination not to enforce the Fairness Doctrine, Commissioner McDowell recently discovered that it still remains in the Code of Federal Regulations. Further research has revealed that the political-editorial and personal-attack rules also remain intact despite the FCC's decision to repeal them. The media marketplace is more diverse and competitive today than it was ten years ago when the DC Circuit struck down the Commission's political-editorial and personal-attack rules. The difference is even more stark when compared to the market twenty years ago when the Commission concluded that the Fairness Doctrine was unconstitutional.

You wrote the Chairman Walden on July 24, 2009, that you "do not support reinstatement of the Fairness Doctrine," that you "believe strongly in the First Amendment," and that you "do not think that the FCC should be involved in the censorship of content based on political speech or opinion." We agree that the Constitution places a special duty on Congress and the federal government to respect the freedom of broadcasters and cable operators to speak freely without fear of reprisal of government sanction.

President Obama's recent Executive Order has asked agencies to remove unwarranted regulations from their rolls… Although that order does not apply to the FCC, you stated at our May 13, 2011 Subcommittee on Communications and Technology hearing that you have instructed Commission staff to follow its direction… The Fairness Doctrine, political-editorial, and personal-attack rules would seem like an easy place to start since the FCC has already abandoned them based on principles you say you continue to support.

Accordingly, we ask you to remove the Fairness Doctrine and the political-editorial and personal-attack rules from the Code of Federal Regulations as soon as possible. Please confirm in writing no later than the close of business June 3, 2011, that you will do so and include an estimate of how long it will take.

About the Author

Lachlan Markay is an associate with Dialog New Media. Click here to follow Lachlan Markay on Twitter.
  • Fairness Doctrine
  • Censorship
  • Fred Upton
  • Greg Walden
  • Julius Genachowski
  • Lachlan Markay's blog
  • Login to post comments
  • Printer-friendly version
Stop Censoring The Gosnell Trial!

Comments

Members of the elected,

Submitted by Jack Bauer on Wed, 06/01/2011 - 12:31pm.

Members of the elected, law-making body "ask" the head of an unelected appointed part of the administrative state to "change" something that affects every American citizen.

What's wrong with this picture?


All of the above Mr Obama? --- How about ALL OF THE BELOW, instead.
  • Login to post comments

It's not up to the executive branch

Submitted by c5then on Wed, 06/01/2011 - 1:55pm.

They do not get to decide which laws they enforce and which they don't. If Congress want's to change it then they should repeal the law.

It is just as bad a precedent for the FCC to "remove" a law from their books as it is for them not to have enforced it in the first place. This is no different than ICE deciding not to enforce border laws.

If it is agreed that the law is unconstitutional then Congress has a duty to repeal it. Otherwise enforce it and let the Supreme Court declare it unconstitutional when it gets there.

Congress doesn't need an over-reaching President to make them irrlevant, they do it to themselves when they shirk their duty and their oath of office.

 

Madison and Jefferson and Franklin built a Republic - Roberts killed it! 

  • Login to post comments

OK, is the Fairness Doctrine

Submitted by Dan The Man 2 on Wed, 06/01/2011 - 2:45pm.

OK, is the Fairness Doctrine law passed by congress or just a policy enacted by the executive branch?

Nuke em til they glow; then shoot em in the dark
  • Login to post comments

Policy. Not a law, but a

Submitted by bassndude on Wed, 06/01/2011 - 3:04pm.

Policy. Not a law, but a regulation, much like the "laws" on the books at the EPA.

 

Save a SeAL, club a liberal/troll!!

  • Login to post comments

Yeah there were plenty of the

Submitted by Dan The Man 2 on Thu, 06/02/2011 - 2:21am.

Yeah there were plenty of the policies that I enforced that were made up on the spot.

Nuke em til they glow; then shoot em in the dark
  • Login to post comments

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
Stop Censoring The Gosnell Trial!

Editors' Picks

  • Is asking about what you pray for inappropriate for IRS? IRS commish not sure (Say Anything)
  • Another fed court invalidates Obama's NRLB recess appointments (Politico)
  • Former SecState Hillary Clinton's record leaves much to be desired (Kondracke)
  • Sen. Boxer is lying about impact of budget cuts on Benghazi security (WashPost)
  • Left-wing actor Cusack attacks Obama, Holder over AP scandal (Twitchy)
  • Dopey Chicago gun laws prevent museum from displaying unloaded WW2 relic (Fox News)
  • New Google Maps is flat, clean, user-friendly (Gizmodo)
  • New Google Maps looks spectacular (Mashable)
Walter E. Williams's picture
Walter E. Williams
Walter E. Williams Column: Hating America
Michelle Malkin's picture
Michelle Malkin
Malkin Column: Obama's Emptiest Benghazi Talking Point
Ann Coulter's picture
Ann Coulter
Coulter Column: Sorry, Sen. Rubio, But Your Immigration Plan Is Still Problematic
David Limbaugh's picture
David Limbaugh
David Limbaugh Column: Partisan Obama Culture Spawned a More Abusive IRS
Walter E. Williams's picture
Walter E. Williams
Walter E. Williams Column: An Honest Examination of Race
More >

RSS FeedAmazon KindleFacebookTwitter

Stop Censoring The News!

ObamaCare's a Real Pain in the Neck
more cartoons
  • Romney: ‘I’m Not a Fan of the President’
  • Krauthammer on IRS Testimony: ‘You've Got to be a Knave or a Fool to Say That and an Idiot to Believe It’
  • Leno: GOP Should Repeal ObamaCare By Naming it Conservative Non-Profit and Letting IRS Take it Down
  • ABC Drama Warns of ‘Conservative Overlords’ Bringing Anti-Black ‘Salem Witch Trials’ to DC
  • Gay NBA Player’s Twin Brother Gets ‘I’m The Straight One’ T-shirt From Jimmy Kimmel
More >
NewsBusters

Executive Editor
Matthew Sheffield

Editor at Large
Brent Baker

Senior Editors
Tim Graham
Rich Noyes

Managing Editor
Ken Shepherd

Associate Editor
Noel Sheppard

Contributing Editors
Tom Blumer
Geoffrey Dickens
Dan Gainor
David Limbaugh
Mithridate Ombud
Clay Waters
Scott Whitlock

Senior Contributor
Mark Finkelstein

Contributing Writers
Matthew Balan
Michael M. Bates
Erin R. Brown
Jack Coleman
Kyle Drennen
Douglas Ernst
P. J. Gladnick
Stephen Gutowski
Matt Hadro
D. S. Hube
Kathleen McKinley
Dave Pierre
Amy Ridenour
Julia A. Seymour
Terry Trippany
Rusty Weiss
Brad Wilmouth

Publisher
Brent Bozell

Site Design
Dialog New Media

 

  • Home
  • Blogs
  • About
  • Forum
  • Contact
  • Donate
  • Search
  • Account
  • rss
  • CNSNews
  • MRC TV
  • Biz & Media
  • Culture & Media
  • Take Action!
  • Twitter
  • Facebook
  • Amazon Kindle
  • Advertise
  • Jobs

Copyright © 2005-2013 NewsBusters.
Privacy Policy | Terms of Use