This is Lynn Jenkins, she doesn't represent us, and doesn't like the Fairness Doctrine
The F.C.C. issues licenses to commercial broadcasters to use particular band segments or frequencies. These license holders do not own the airwaves. They hold them in trust for the public.
In 1949, in an attempt to dictate fairness in the use of the airwaves, the F.C.C. promulgated rules known as the Fairness Doctrine. This required licensees to present controversial issues of public importance and to do so in a manner that was, in the F.C.C's view, honest, equitable and balanced.
In 1981 the F.C.C. refined the Fairness Doctrine, imposing on licensees two conditions. First was the duty to provide adequate coverage to public issues. Secondly licensees were under a duty to ensure that coverage must be fair in reflecting opposing views.
In the case of Red Lion Broadcasting v. F.C.C. Red Lion Broadcasting challenged the application of the fairness doctrine with respect to a particular broadcast. The companion case United States v. Radio Television News Directors Association, challenged the fairness doctrine's requirements concerning broadcasts. "Broadcast" is an F.C.C. term of art defining radio or television transmissions intended to be sent to and received by the general public. Broadcasts are limited to certain frequencies.
The Supreme Court rendered a unanimous opinion delivered by Associate Justice Byron "Whizzer" White. Associate Justice Douglas did not participate. Associate Justice White said:
In view of the scarcity of broadcast frequencies, the Government's role in allocating those frequencies, and the legitimate claims of those unable without governmental assistance to gain access to those frequencies for expression of their views, we hold the regulations and ruling at issue here are both authorized by statute and constitutional.
Always read the footnotes, the Court's final footnote, footnote 28 is instructive. In sidestepping questions the Court did not need to reach they said:
[ Footnote 28] We need not deal with the argument that even if there is no longer a technological scarcity of frequencies limiting the number of broadcasters, there nevertheless is an economic scarcity in the sense that the Commission could or does limit entry to the broadcasting market on economic grounds and license no more stations than the market will support. Hence, it is said, the fairness doctrine or its equivalent is essential to satisfy the claims of those excluded and of the public generally. A related argument, which we also put aside, is that quite apart from scarcity of frequencies, technological or economic, Congress does not abridge freedom of speech or press by legislation directly or indirectly multiplying the voices and views presented to the public through time sharing, fairness doctrines, or other devices which limit or dissipate the power of those who sit astride the channels of communication with the general public. Cf. Citizen Publishing Co. v. United States.
The Fairness Doctrine was repealed in 1987 when President Reagan staffed the F.C.C. with Commissioners committed to deregulation. Red Lion provides authority for either a newly staffed F.C.C. or, preferably, the Congress to reestablish the doctrine. Has anything good ever come of Republican deregulation?
Repeal of the Fairness Doctrine by Reagan appointees led to the demise of its corollary, the Personal Attack Rule. Additionally, the Zapple Doctrine, an additional interpretation of the Fairness Doctrine that required broadcasters to provide supporters of a candidate with an opportunity to respond when the broadcaster has allowed his or her opponent’s supporters to use or purchase time on the station, is presumably no longer enforced by the Commission.
All of that comes as good news to F.A.I.R.'s resident thinker, Kris Kobach. He is running for Secretary of State in Kansas and working the airwaves on a Kansas City talk radio station. Fortunately for Kobach the appearance of impropriety standard only applies to his actions as an attorney, not as a political candidate.
Candidate Kris Kobach appears to have a free forum for espousing his views, that's fair?
The Supreme Court's decision in Citizens United v. F.C.C. overruled the case permitting limiting corporate cash in political speech, Austin v. Michigan Chamber of Congress. That means that massive amounts of corporate cash will be infused into America's electoral process, effectively drowning out the voices of the people.
Now Lynn Jenkins thinks that radio station owners own the airwaves and ignores that F.C.C. license holders only have the privilege to use those airwaves in trust. That is an essential holding in Red Lion Broadcasting v. F.C.C., "It is the right of the viewers and listeners, not the right of the broadcasters, which is paramount."
Lynn Jenkins co-sponsored H.R. 226, an Act To prevent the Federal Communications Commission from repromulgating the fairness doctrine.
The text of that bill reads:
"Notwithstanding section 303 or any other provision of this Act or any other Act authorizing the Commission to prescribe rules, regulations, policies, doctrines, standards, or other requirements, the Commission shall not have the authority to prescribe any rule, regulation, policy, doctrine, standard, or other requirement that has the purpose or effect of reinstating or repromulgating (in whole or in part) the requirement that broadcasters present opposing viewpoints on controversial issues of public importance, commonly referred to as the `Fairness Doctrine', as repealed in General Fairness Doctrine Obligations of Broadcast Licensees, 50 Fed. Reg. 35418 (1985)."
If Lynn Jenkins had her way you'd only be allowed to be heard if you had FAT CAT RESOURCES.
I've said it before and I'll say it again, CORPORATIONS DON'T HAVE A SOUL TO SAVE OR A BUTT TO KICK AND THEY SHOULD NOT BE GIVEN VOICE IN OUR ELECTORAL PROCESS. IT IS GOVERNMENT OF THE PEOPLE, NOT OF THE CORPORATIONS, FOR THE CORPORATIONS, AND BY THE CORPORATIONS.
We need a Constitutional Amendment permitting only registered voters to engage in political speech.
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