CHAPTER FIVE
THE FAIRNESS DOCTRINE GETS THE AXE

The Fairness Doctrine evolved out of the Communications Act of 1934 that created the Federal Communications Commission (FCC). Along the way, the Supreme Court codified the Doctrine. It required that radio and television stations provide a reasonable opportunity for the presentation of opposing views when controversial public issues were discussed on the air.

The Fairness Doctrine and other FCC "public interest" rules sprang from the rationale that operators of radio and television stations had obligations to fairly serve their communities. Because the FCC permitted only a limited number of stations to operate, stations were considered "scarce resources," requiring extra regulatory protection.

Opponents of the Doctrine felt it inhibited free speech and prevented opinionated programming because of the requirement to air competing points of view. They argued, successfully, that new technologies made the "scarce resource" concern obsolete.

During the 1980s, there was a sweeping deregulation of the communications industries. In 1985, the FCC concluded that the Fairness Doctrine was no longer needed and ended it. An attempt by Congress to reinstate the Doctrine was vetoed by President Reagan. A Federal Appeals Court upheld the FCC's decision in 1989.

Mark Fowler, Chairman of the FCC from 1981 to 1987, the years when most of the deregulation occured. In a 1981 interview, Fowler summed up his philosophy about FCC regulation of radio and TV: “...[it is] just another appliance--it's a toaster with pictures. We've got to look beyond the conventional wisdom that we must somehow regulate this box.”

The end of the Fairness Doctrine opened the door for today's highly partisan talk hosts, stations and networks.

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