Carlo A. Pedrioli (University of Idaho) has posted Mandated Broadcast Coverage of Public Affairs: A Look Back at the Fairness Doctrine in the United States (7 INT’L J. DIGITAL & DATA L. 1 (2021)) on SSRN. Here is the abstract:
In 1949, the communication regulator in the United States, the Federal Communications Commission (FCC), adopted the Fairness Doctrine. The Fairness Doctrine had two requirements. First, broadcasters had to “devote a reasonable percentage of their broadcasting time to the discussion of public issues of interest in the community served by their stations,” and, second, they had to ensure that their programming were “designed so that the public ha[d] a reasonable opportunity to hear different opposing positions on the public issues of interest and importance in the community.” The Fairness Doctrine was controversial, particularly because broadcasters perceived it as an unjustified imposition on their free speech and press rights.
While the Fairness Doctrine is no longer in use, the concerns behind the Doctrine remain important. Accordingly, this paper provides a retrospective on the Fairness Doctrine. To do so, the paper offers background on the Doctrine; examines the key arguments that emerged in Red Lion Broadcasting v. FCC, in which the U.S. Supreme Court upheld the constitutionality of the Doctrine, and Syracuse Peace Council v. Television Station WTVH, in which the FCC repealed the Doctrine; addresses the strengths and weaknesses of the Doctrine; and finally discusses alternatives to the Doctrine.