{
  "id": "R40009",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "R40009",
  "active": false,
  "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department",
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      "source": "EveryCRSReport.com",
      "id": 389421,
      "date": "2011-07-13",
      "retrieved": "2016-06-21T21:33:39.314819",
      "title": "Fairness Doctrine: History and Constitutional Issues",
      "summary": "The Fairness Doctrine was a policy of the Federal Communications Commission (FCC or Commission) that required broadcast licensees to cover issues of public importance and to do so in a fair manner. Issues of public importance were not limited to political campaigns. Nuclear plant construction, workers\u2019 rights, and other issues of focus for a particular community could gain the status of an issue that broadcasters were required to cover. Therefore, the Fairness Doctrine was distinct from the so-called \u201cequal time\u201d rule, which requires broadcasters to grant equal time to qualified candidates for public office, because the Fairness Doctrine applied to a much broader range of topics.\nIn 1987, after a period of study, the FCC repealed the Fairness Doctrine. The FCC found that the doctrine likely violated the free speech rights of broadcasters, led to less speech about issues of public importance over broadcast airwaves, and was no longer required because of the increase in competition among mass media. The repeal of the doctrine did not end the debate among lawmakers, scholars, and others about its constitutionality and impact on the availability of diverse information to the public.\nThe debate in Congress regarding whether to reinstate the doctrine continues today. Recently, Chairman Upton of the House Subcommittee on Communications and Technology sent a letter to FCC Chairman Genachowski urging the Commission to remove the regulations relating to the Fairness Doctrine from the Code of Federal Regulations. Chairman Genachowski responded by reasserting his lack of support for the Fairness Doctrine and agreeing to begin the process of repealing the regulations. \nAny attempt to reinstate the Fairness Doctrine likely would be met with a constitutional challenge. Those opposing the doctrine would argue that it violates their First Amendment rights. In 1969, the Supreme Court upheld the constitutionality of the Fairness Doctrine, but applied a lower standard of scrutiny to the First Amendment rights of broadcasters than it applies to other media. Since that decision, the Supreme Court\u2019s reasoning for applying a lower constitutional standard to broadcasters\u2019 speech has been questioned. Furthermore, when repealing the doctrine, the FCC found that, as the law stood in 1987, the Fairness Doctrine violated the First Amendment even when applying the lower standard of scrutiny to the doctrine. No reviewing court has examined the validity of the agency\u2019s findings on the constitutional issue. Therefore, whether a newly instituted Fairness Doctrine would survive constitutional scrutiny remains an open question.",
      "type": "CRS Report",
      "typeId": "REPORTS",
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          "url": "http://www.crs.gov/Reports/pdf/R40009",
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      ],
      "topics": []
    },
    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc83897/",
      "id": "R40009_2009Jan12",
      "date": "2009-01-12",
      "retrieved": "2012-04-27T15:49:45",
      "title": "Fairness Doctorine: History and Constitutional Issues",
      "summary": "The Fairness Doctrine was a policy of the Federal Communications Commission (FCC or Commission) that required broadcast licensees to cover issues of public importance and to do so in a fair manner. In 1987, after a period of study, the FCC repealed the Fairness Doctrine. The debate in Congress regarding whether to reinstate the doctrine continues today. This report covers the history of such debates.",
      "type": "CRS Report",
      "typeId": "REPORT",
      "active": false,
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        {
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          "filename": "files/20090112_R40009_8dcf74728610a6362397d5c1760fe0ba9b8c377e.html"
        }
      ],
      "topics": [
        {
          "source": "LIV",
          "id": "Fairness doctrine",
          "name": "Fairness doctrine"
        },
        {
          "source": "LIV",
          "id": "Telecommunication law and legislation",
          "name": "Telecommunication law and legislation"
        },
        {
          "source": "LIV",
          "id": "Telecommunication",
          "name": "Telecommunication"
        }
      ]
    }
  ],
  "topics": [
    "Constitutional Questions"
  ]
}