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Thursday, April 26, 2007
Cal  Thomas :: Townhall.com Columnist
Government regulation syndrome
by Cal Thomas
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Liberals want to resurrect the Federal Communications Commission's Fairness Doctrine, a tenet created to ensure fair and balanced coverage of controversial issues, so that they can regulate talk radio and require "equal time" be given to opposing political views. Liberals don't like talk radio's mostly conservative content.

Some conservatives, aided by the FCC, want to regulate violence on broadcast television and, for the first time, cable television and the FCC will soon recommend that Congress enact legislation that would sanitize entertainment programming by controlling violent content. News content, which shows actual blood and gore, the result of real violence, would not be affected. Apparently, real violence is thought not to pose as great a threat to children and to public morality as the simulated kind.

According to The Washington Post, TV industry and government sources say the FCC report, which Congress commissioned in 2004, fails to adequately define violence, leaving that to federal legislators. Anyone familiar with laws governing how much skin a woman can legally expose at a strip joint without risking a raid is going to enjoy watching Congress try to define acceptable and unacceptable violence.

Apparently the V-Chip, which was touted by Al Gore in 1996 as the ultimate parental weapon against unwanted programming, has been a failure. Too many parents don't use the technology now built into every new TV set. According to watchdog groups like the Parents Television Council, TV ratings are not uniform, which makes it difficult for parents to use the V-Chip to block programs they don't want their children to see. Ratings reform is something on which everyone should be able to agree.

The FCC report, which is due to be released soon, reportedly concludes that Congress has the authority to regulate "excessive violence," but how will that be defined? When Jack Bauer on Fox's "24," tortures a terrorist to get information that will stave off a nuclear attack, is that excessive? If he fails and the bomb goes off, would that violence be considered excessive?

For 50 years social science has shown that prolonged exposure to TV violence can have a negative affect on children, but what about commercials and their link to human behavior? Do beer commercials cause kids to become alcoholics, or drunk drivers? If that could be proved, should commercials be regulated? Does prolonged exposure to tabloid stories, the grist of cable TV, turn viewers into bottom-feeding dunces who don't care about news that really matters? And, if that could be proved, is it the government's responsibility to insulate people from the guilty pleasures derived from such tripe?

Anyone concerned about the preservation of the First Amendment and the rights it guarantees to free speech and free expression should be worried about this latest assault on the Constitution. Conservatives who oppose regulation of talk radio, which most of them like, must be consistent and oppose the over-regulation of TV content they don't like.

Increasingly, I meet parents of young children who have decided not to have a TV in the house. Having grown up with TV, they say they experience a period of "withdrawal," similar to that of breaking free of nicotine or other addictions. Soon, however, they are communicating more with their children, reading books to them and enjoying time together. Their lives are better without TV.

A conservative would call that a market decision. People decide not to consume a product that is bad for them. As the recent scare over bad pet food demonstrates, when consumers refuse to buy a tainted product and demand it be cleaned up, industry responds. When people have had their fill of really bad television, it will no longer be "Must See TV," but "Must Leave TV" and I'll bet the industry will clean up its act in response, or face additional losses in ratings and revenue.

That's better than the government trying to define violence and police program content and it will give conservatives more leverage, should a Democrat win the White House next year, to oppose any regulation of talk radio.

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About The Author
Cal Thomas is co-author (with Bob Beckel) of the book, "Common Ground: How to Stop the Partisan War That is Destroying America".
 
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Fairness did someone say Fairness?
For me the bottom line is that "FAIRNESS" is totally subjective and therefore can never be regulated by laws. Life itself is not fair! I see no where in our constitution where we are guaranteed the right to be fairly treated! Our basic rights are neatly summed up by the Deceleration of Independence: The right to life, liberty and the PURSUIT of happiness. Our constitution backs that up with specifics, including the right to free speech. Note that we only have the right to PURSUE happiness and not the right to happiness itself.

The bottom line is that the Federal Government has unconstitutionally assumed the power to regulate speech under the nebulous guise of "Fairness." Fairness to whom?, Fairness for whom? Who gets to define what fairness is? All this can and has leads to the courts in our legal system defining what is fair! One or a small group of men now chart the course of free speech. The government has NO RIGHT and NO AUTHORITY to regulate speech or for that matter fairness. Unless and until there is a constitutional amendment allowing for such regulation, any attempt to do so is illegal.

Yes I fully recognize that freedom of speech does not give one the right to yell fire in a crowded theater. But that has nothing to do with fairness and has every thing to do with safety security. Also the market place of ideas exists in spite of whether people like the ideas or hate them and this can not be regulated - even total dictatorships can not effectively do that. Fair and balanced is a social concept and not a legal one and has no place in our laws. Equality under the law covers all we need to have in our legal system. Equality under the law ensures us of the right to be treated equally and justly under the law NOT FAIRLY as the law itself can not be judged by this undefinable concept.

Once again our society has been deceived by the manipulation of words, in this case fairness has replaced equality and justice. Our more liberal friends have succeeded in duping most of us into believing that we have a right to being treated "fairly" when no such right or guarantee exists. Only children fight over what is fair, adults fight over what is just and equitable.

Fairness Doctrine
History has demonstrated that whenever Government gets involved with any thing concerning the consumer, the result is always that the item, agency, etc., almost instantly becomes more expensive, more complicated, and less useful to anyone. Surely someone besides me remembers that quote about the "Lessons of history".
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