Can media fairness be mandated?

Radio's sway on immigration urges calls for controls.

from the July 5, 2007 edition

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But beyond the immediate politics, is there an argument for reinstating the Fairness Doctrine? There is without question an overwhelming rightward tilt to talk radio. The Center for American Progress, a liberal think tank, reports that "91 percent of the total weekday talk radio programming is conservative." And conservatives have argued that the struggles of the Air America radio network show liberals simply can't compete on the radio dial.

But are those nuggets arguments for reinstating the Fairness Doctrine or simply proof that talk radio is a largely conservative medium? Would it really sway opinions if Mr. Limbaugh or Mr. Hannity had to give equal time to Democrats, or if their shows were required to be followed by liberal programming?

More to the point, if there was a legitimate argument in 1987 that cable had significantly broadened the spectrum of opinions available to audiences, that argument must be even truer today – to the point where bringing "fairness" back to broadcast would certainly have less impact than it had 20 years ago. After all, couldn't Limbaugh, Hannity, and other conservatives simply switch to satellite radio or webcasting or podcasting to make their points free of interference?

Even now, you can listen to Hannity's podcast and read his website on your iPhone (if you have one), which can then be used to call your representative. And there will most surely be even more options available to those who want to spread their opinions in the coming years.

Meanwhile, the lines differentiating broadcast (public airwaves) outlets and other forms of news are blurring as telecasts become webcasts.

None of this is to say that talk radio does not have an important influence, precisely the complaints that Feinstein and Lott are lodging.

The Project for Excellence in Journalism, where I work, has found that the immigration bill has been a huge topic on the air – one where negative comments vastly outweigh the positive ones.

There can be little doubt that all that radio chatter stirred audiences to call their representatives in Washington and voice their concerns.

But if members of Congress think bringing back the Fairness Doctrine in radio and TV will stop calls from coming in, they may soon find that different platforms would create the same kinds of pressures. And placing rules on those outlets may well run into a bigger obstacle – the First Amendment.

• Dante Chinni is a senior associate at the Project for Excellence in Journalism.

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