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Monday, July 30, 2007
Star Parker :: Townhall.com Columnist
Let the Fairness Doctrine rest in peace
by Star Parker
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The conversation now taking place about revival of the Fairness Doctrine, buried by the Federal Communications Commission 20 years ago, shows that no idea ever dies. Even the worst ones.

The original logic of the Fairness Doctrine was that broadcast media were transmitted over limited public airwaves. Therefore, the federal government had an obligation to ensure that competing points of view were aired.

The FCC reasoned in 1987, when it closed the book on this doctrine, that with the emergence of cable to compete with broadcast, media markets had become sufficiently competitive to preclude government policing.

If true 20 years ago, how much more so now.

The Pew Research Center reports that in 2006 15 percent of Americans used the Internet as their primary source of political news, double that of the 2002 elections.

In additional Pew research on media usage, those surveyed were presented with 16 alternative sources of news. Results show that, of those most informed, all use more than one source. Half of those most informed use seven different sources.

So if the openness and competitiveness of the information market today is so clear, with cable, satellite and the Internet in addition to broadcast media, why are we talking now about the Fairness Doctrine?

There appears to be two immediate sources of provocation.

One, a number of senators are unhappy about the defeat of the recent immigration legislation and blame the setback on conservative talk-radio hosts. Democratic Sens. Dianne Feinstein of California and Richard Durbin of Illinois have called for reviving the Fairness Doctrine to put some kind of governor on the likes of Rush Limbaugh. Even a Republican senator, Trent Lott of Mississippi, said that "talk radio is now running America."

This is ridiculous. The Pew Center's research shows that a whopping 8 percent of those surveyed say they regularly listen to Rush. And, if he and other conservative radio hosts were "running America," liberals like Senate Democratic leader Harry Reid of Nevada and House Speaker Nancy Pelosi, D-Calif., certainly would not be holding the reins of power on Capitol Hill today.

Lou Dobbs, to state just one other source, pounded the immigration bill every single night on his prime-time CNN news show.

Second, a new paper published by the left-of-center Center for American Progress in Washington sends out the red alert that most of talk radio today is conservative. According to them, it's 91 percent.

But they themselves note that the Fairness Doctrine is pretty meaningless, and they want more aggressive federal intervention in issuing and managing local broadcast licenses.

A more careful look at the broad realities of media today can give us a hint at why broadcast talk radio, just one among a multitude of sources of information, is getting the attention it is.

Conservatives have not flourished in the talk-radio medium because of some anticompetitive stranglehold on this marketplace. Lots of attention has been given to the failure of the left-wing Air America. It was well-financed and had plenty of opportunity to make it. This was pure marketplace failure.

Conservative talk radio works because talk radio is a medium of the mind and of thinking and discourse. This works well for conservative and free-market ideas, which get sold on thought and logic.

Liberals will resent this assertion, but the liberal message is emotional, not logical. This is why it doesn't work on talk radio. Liberalism operates by provoking emotions such as guilt, fear and envy. This works in sound bites and visual media, but not on talk radio.

Consider, alternatively, Michael Moore's new movie on health care, "Sicko." This is pure left-wing propaganda. But it is having great impact on the thinking in our country about health care.

The visual film medium lends itself more to the liberal message. You can pick out instances that support what you want to say, show them in a funny and entertaining way, and you have a hit. Anyone who tried to mass-market a film about health care, arguing why government regulations distort the market, and why freer markets would work better, would fail. Viewers would be squirming in their seats.

But is anyone saying that the government should get involved to muzzle Michael Moore?

How about so much of prime-time television, where social and political messages are buried surreptitiously in the context of shows labeled "entertainment" -- "Oprah,'' "The View,'' "Gray's Anatomy''?

Should the government insist that the "700 Club" be run up alongside "Desperate Housewives''?

The media market in America today is broad and varied.

Let's understand that the left is zeroed in on talk radio because it is one medium that works well for the conservative message.

Let's leave the Fairness Doctrine where it belongs. Resting in peace.

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About The Author
Star Parker is the founder and president of CURE, the Coalition for Urban Renewal & Education, a 501c3 think tank which explores and promotes market based public policy to fight poverty, as well as author of White Ghetto: How Middle Class America Reflects Inner City Decay.
 
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Returning Us to the Gagged Majority
Talk radio has been overwhelmingly conservative because so far since the demise of the original "Fairness Doctrine" in the '80's, TR has been driven by the market, & it turns out the market wants conservatism! That's why "Air America" et al fell flat; they simply didn't & don't supply what the market wants.

This of course vexes the ruling elite to no end. They want to go back to a simpler time when all broadcast & nearly all daily newspapers were controlled by a virtually monolithic popular news establishment that packaged all news from an elitist metroleftist pseudocentrist POV. Most of America was left wondering if they were rightwing oddballs out of step with the rest of civilization. In that environment, the very existence of dissent against such unpopular, obviously elitist measures as the "immigration reform bill" would have been downplayed to a vanishing point. They could simply walk all over us with "climate change" initiatives, government monopoly healthcare, you name it.

Let's face it, much of the conservative success of the last 3 decades was related to this opening up and ungagging of the broadcast media to what the late Spiro Agnew used to refer to as the "silent majority."

Hey, government guys, if you're so gung-ho on 'balance' and representing all POV's, why doncha' do that with the network you already own & subsidize, PBS? Oh, uh, waiddaminnit, GWB already tried that recently & got burned. "Balancing" PBS would entail carrying the entire Rush Limbaugh show + 2 other talk radio programs.

you know
Politics aside, the fairness doctrine should die not just because it’s wrong, but because it’s so antiquated that it simply does not apply anymore. It can never be made to work with modern communications. It will never be fair. Like the immigration bill, this is an opportunity for people to make a difference in preventing a great wrong.

Who is Surprised?
Most all Liberal Positions are ANCIENT! This is their NEWEST idea, and it is 20 years old!

Georgetwin
Oh, come on - they came up with the socialized medicine idea only 14 years ago!

MikeR: Technological Rationalizations
you say (quote)you know
Politics aside, the fairness doctrine should die not just because it’s wrong, but because it’s so antiquated that it simply does not apply anymore. It can never be made to work with modern communications. It will never be fair. Like the immigration bill, this is an opportunity for people to make a difference in preventing a great wrong.(unquote)

The rationalization for the original "Fairness Doctrine" (an FCC regulation) was that because the number of broadcast channels serving any given market was limited by the radio tech of that day, those granted the priviledge of using the "public airwaves" had an obligation to allow "all sides" of any given controversial issue.

As a practical matter, only a very few right-wing broadcasts were ever actually threatened with sanctions. However, the threat of license non-renewal, or even the acrimonious legal battle one must wage with regulators and complaining intervenors, is generally so intimidating that broadcasters simply wimped out & shied away from 'controversial' programming at all.

The expense and trouble of even trying to give every crackpot out there 'equal time' is a deal-killer. That's why broadcast programming got so bland and generic for so long. Oddly enough, a metro-mainstram left-leaning POV was never seriously challenged under the "Fairness Doctrine."

Now, with hundreds of cable & satellite channels, it boggles the mind that one could even attempt to make a case for a "Fairness Doctrine." Virtually anyone can now find, or buy, an outlet for their particular manifestos and revelations. Technology has dramatically lowered the cost of entry.

Never mind the Internet. Yet there seems to be talk of regulating political talk on the Internet. Right now, judges and the various federal agencies have magnaminously declared that there is no need to regulate political content on the Internet at this time, yet implying they have a right and duty to do so anytime they should decide differently.

Apparently there's one of those clauses in the "penumbra" of the First Amendment, visible only to the anointed black-robed priesthood, saying that the right of free speech & freedom of the press is actually null and void if & when a dollar changes hands anywhere in the process.

Nothing new under the sun
(quote) AZPhil writes: Monday, July, 30, 2007 11:39 AM
Georgetwin
Oh, come on - they came up with the socialized medicine idea only 14 years ago!(unquote)

IIRC Chappaquiddick Teddy was pushing socialized medicine in the late 60's or early '70's.

Of course, Marxism dates back to the 1840's.

A proposal: The FM Doctrine
I think we need to petition our legislators to pass a law banning AM radio for FM. I'm tired of losing Medved or Prager every time I drive under power lines or an overpass. And I refuse to get satellite radio--there is something inherently wrong about paying for broadcasts when they can be had for free.

Hillary delenda est.

Amen, Parker
The "Fairness" Doctrine deserved to die a slow, whimpering death.

One quibble
I'm not so sure a well-crafted documentary on the failures of socialized health care would tank with viewers.

There are a lot of good visuals to juxtapose, and a lot of story lines that would have punch via the video medium.

Follow two Canadians who need an operation and would have to wait six months for it in Canada. One goes across the border, pays cash, and gets the operation in three weeks. The other is still waiting six months later, when the first has recovered and moved on.

Show video of the surreal conditions in a national health care clinic in Naples, Italy. Show the parents of an 8-year-old boy with a broken arm being told to come back on Tuesday, because that's when broken bones are set.

Follow the story of a women with pregnancy complications in Japan. National health care doesn't extend to maintaining her as a fully-monitored inpatient for the remaining five months of her pregnancy, or to necessarily taking the heroic measures that may be needed for her to deliver safely. The life of woman is hard.

Stay with a Dutch naval officer who needs a hernia operation, and must rely -- as all members of the Royal Netherlands Armed Forces do -- on national health care. On learning that he will have to wait eight months for the operation, he investigates having it done in a cash basis, by a foreign practitioner, if he can get to Curacao. Fortunately his Navy will agree to post him there for temporary assignment. Enjoy his video-recorded comments on the irritation it is that all those worthless drug addicts soak up the national health care resources, while uniformed servicemen have to wait in line for operations, or come up with the cash to pay for them outside the system.

Go investigate a cruise ship that sits off the coast of Gibraltar, on which doctors of Russian, Egyptian, and other national origins perform operations, on a cash-for-service basis, for a steady stream of European patients who would otherwise have to wait months or years for national health care to get to them.

Go get footage of clinics in the Caribbean, southeast Asia, or Dubai, Qatar, or Bahrain that cater to cash-bearing Europeans who can afford to travel a little further for their health care.

Take a videocamera to visit the entirely cash-for-service medical practices springing up in Mexico, along the US border. Watch Americans show up in droves to pay $3000 in cash for operations that would cost $40K in the states -- because of the costs of regulation and cost-sharing ALREADY being mandated for our health care system.

Take that videocamera back to California and visit the emergency room of any hospital -- any hospital at all. Note the ethnic make-up of the ER patients. Note how many of them do NOT have insurance, and don't speak English. Note that insurance and ability to speak English are entirely unrelated to triage and treatment. Show local news reports of the native-born, perfect-English-speaking African-American woman in an LA County ER, who had been triaged behind other cases, and called 911 on her cell phone FROM the ER because she couldn't breathe and no one in the ER was paying attention to her. She died in the ER after being told by the 911 dispatcher that she was already where she needed to be, and he couldn't help her.

Is something like this the sole or most important outcome of the cost-sharing, universal health care mindset we ALREADY operate under? Of course not. Is it, on the other hand, the kind of "telling" vignette a filmmaker like Michael Moore would pick to make a point? Of course.

I think it would make a pretty powerful documentary.

What is absolutely disgusting...
...is how the Left actually has fooled themselves--and tries to fool others--into thinking that government-enforced equality is actually fair. Just like government-enforced compassion (tax dollars wrenched from the hands of producers and thrown at under-producers) is not true compassion, but the micromanaging of a nanny state that hurts more than it helps, government-enforced equal broadcast time is the same thing.

Conservatives have proven (again) that they don't mind competition, and welcomed the advent of Airhead America with nary a complaint. "Bring it on," was the overall conservative response. The liberal network's failure was 100% of their own doing, and being the crybabies that they are who want to pick up their ball and go home, they'll force themselves onto the air even if the free market says "no thanks", damn it!

Here's how the so-called Fairness Doctrine is inherently unconstitutional: Every minute, every hour, that government forces a show to be on the air, is time taken away from a show that could have and would have earned its own way according to the free market, be it a liberal show, a conservative show, a show about removing dogs' ear ticks, whatever. That creates less time on the airwaves for these shows that don't carry a free government ride, less opportunity for them to broadcast at desired times and on desired stations, less control of the advertising rates they'd be able to charge, and is a direct violation of the First Amendment's statement that Congress shall make no law "abridging the freedom of speech, or of the press". By the way, "abridging" means "to diminish or curtail", and that is precisely what happens to free speech when the nanny state of government forces shows off the air to make room for those that meet their stamp of approval.

True to form, liberals generally don't think that everything in life is a TRADEOFF, and the so-called Fairness Doctrine is no different. Forcing a show on a certain radio station at a certain time creates the tradeoff of a show that WOULD HAVE gone on at that time having to go on at a different time and/or different station, and/or charge a different advertising rate, and other changes that are forced upon them. Some shows, of course, won't be able to find or afford a reasonable slot and won't be able to air at all, because of the encroachment of other shows that didn't earn their way. If all of this isn't the "diminishing or curtailing" of free speech, what is?

Funny how liberals don't call for this to happen to a network that's actually funded by taxpayers, like NPR. Hmmmm....

Conservatives are all for equality, but not under the jackboot of government. This is one more area where the free market can handle things extremely well, thank you very much.

Couldn't agree more
While I take issue with the author's characterization of the left, the substantive arguments regarding the Fairness Doctrine are absolutely on target. I have had a hard time figuring out why some Dem politicians have embraced this issue, this column was a great clarifier.

dyerje,
That would be one heck of a movie...I could just picture it alone from your vivid verbal descriptions of the various scenes. WHY hasn't someone actually made a movie like that? In fact, any ideas for names?

Another scene could be of the Universal Health Care Office showing mounds of useless paperwork with frazzled workers who are putting/picking out numbers/names/procedures in a hat to assign who gets what and when (if at all.)

As other posters have already said, the only reason the liberal left is wanting to revise the Fairness Doctrine is their desire to have utmost control over the rest of the "dumb serfs" (of course this is NOT them!) who have the audacity to actually BE conservative and seek conservative viewpoints/radio/shows. Fairness??
Ha, what a joke!

not ashamed
Title for the film? How about "Heil, Health Care!"

Funny, I included in this list only events I am personally aware of, like the parents of the boy in Italy who were told (on Sunday night) to come back on Tuesday when the bones were set, and the various venues to which Europeans repair to get relief from universal health care. There's a lot more from third-hand anecdote and statistical reporting.

I could also include Fun Facts from the physicians in my family, like my late father, whose malpractice insurance premiums at one time exceeded my Naval officer's salary, although he was never sued once in 36 years of practicing medicine (in a lower litigation state: Oklahoma). My salary did eventually outpace his insurance premiums, when I made O-5.

My sister-in-law, currently practicing with a radiology group, vouches for the CYA nature of many -- perhaps most -- CAT scans done in ERs: done not because the attending physician would suggest them based on what the patient presents with, but solely so that they will have been done, in case of a lawsuit later (and to extend the liability from the hospital to the on-call radiologist and his/her practice). Hundreds of dollars worth of testing added to numerous ER bills, largely because of the likelihood of litigation.

Yeah, it would make an awesome flick. I think people WOULD sit up and take notice. "Heil, Health Care!" might very well cause Congress to cook up a Fairness Doctrine for the theater-released documentary medium.

Heil Health Care
Good idea!! Where do I send my check?
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