Senate Approves Bill to Write Fairness Doctrine Into Law

The Senate on Tuesday approved a bill that would write into law a policy requiring broadcasters to cover controversial issues and present opposing views.

The Senate endorsed the bill on a 59-31 vote in an attempt to prevent the Federal Communications Commission from dismantling the Fairness Doctrine, a policy the agency believes is unconstitutional. A similar measure is pending in the House.

Supporters argued that the doctrine is an essential part of a broadcaster’s obligation to serve the public interest and is necessary to ensure that minority viewpoints are aired.

‘Handful’ in Control

“Do we want a relative handful of people to have that kind of power, that kind of control, to be the gatekeepers of the political discussion of this country, to be able to say one side of an issue can be covered but not the other?” asked Sen. John C. Danforth (R-Mo.), a co-sponsor of the measure.

“The Fairness Doctrine is essential to having a well-informed public,” he said. “Television is so important . . . to our ability as public officials to influence, to communicate with audiences.”

But Sen. Bob Packwood (R-Ore.) argued that regulating the broadcast media differently from the print media simply because of their importance “stands the First Amendment on its head.”

The doctrine, he said, is a dangerous power to give any government.

“Under this doctrine, the government is saying to itself, ‘We have the right, the power, the wisdom to tell radio and television and cable and all other broadcasters what it is they shall program,’ ” he said. “That is a terrible power to put in the hands of government.”

Packwood said that instead of promoting free speech, the doctrine has caused broadcasters to avoid covering issues for fear they will violate the policy and risk a license challenge, the fate of which would rest with a politically appointed FCC.

“They know they can get in more trouble covering controversial issues than not covering them right as the government sees . . . so they make the decision not to cover it at all,” he said.

Sen. Ernest F. Hollings (D-S.C.), also a co-sponsor of the measure, argued that the doctrine is a necessary constraint on broadcasters because, unlike newspapers, radio and television stations use a spectrum that is limited.

Packwood contended that giving the force of law to the Fairness Doctrine ultimately could affect newspapers, some of which transmit their copy by satellite and over the television spectrum.