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Bring Back The Fairness Doctrine

TheRover said:
March 11, 2008

Pres. Bush to the NRB : "I will Veto any legislation that tries to put the "Fairness" Doctrine in.

Works at least for the next 9 months....beyond that, who knows? Given his animus towards many conservative talkers I'd have to think that John McCain might sign it.

For those of you out there who think that the Supreme Court has no interest in nor power over FCC policy....

http://www.latimes.com/news/nationworld/politics/scotus/la-na-scotus18mar18,1,6238980.story
 
The Supreme Court generally only hears cases where there is a constitutional issue or two different Federal district courts have exact opposite interpretations of Federal law.

If a new fairness doctrine emerged, and someone (well-funded) decided to push the issue through the FCC, then to a Federal appellate court, the Supreme Court might accept an appeal (grant certiorari) from a decision that either upheld or struck down a new fairness doctrine law.

But there are several barriers before it would get that far. Assuming the Congress revived a fairness policy as part of the Communications Act (instead of just a Commission policy, as it was in the past); a contrary Commission might either ignore, or fudge enforcement of the law--warning stations that didn't comply but not assessing any penalty. Thus leaving nothing to appeal. Or, the other side of the coin, a tough FCC goes after stations, but the district court of appeals (used to be just the DC district, but appeals from FCC acts have been popping up in other districts) kicks back any appeal and tells the FCC to take a second look at the issues.

This could go on for years.
 
Remember that the original Fairness Doctrine was suspended, not repealed by the FCC. The simple thing to do is reinstate, not re-create.... I know that won't happen because there's too many lawyers who will want a piece of the action....and would stand to get nothing if they went w/a simple reinstatement.

I do think you'll see some action on this issue in the next Congress, but it will depend on what kind of election results we'll see after Nov. A clear sweep of candidates and a landslide of sorts may motivate some to change the rules regarding this issue. A closer election (like the ones we've seen in recent years) may merely fade the issue into the background....since more than likely there would not be enough votes to make serious changes.

Anyway you look at this, radio's in serious trouble. Something has got to change for radio as we know it to survive. I've already weighed in on this topic and most of you know where I stand so I won't reiterate.

Tom, I agree with you wholeheartedly....this will go on for YEARS, regardless of where one sits on this issue.
 
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