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Can the Fairness Doctrine be brought back by executive order?

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bluestateguy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-04 05:45 PM
Original message
Can the Fairness Doctrine be brought back by executive order?
Could a president bring back the old Fairness Doctrine to the airwaves with a stroke of a pen? Or does it have to go through those paper-pushing pinheads in Congress? I seem to remember Clinton contemplating it in 1993, but because he did not take decisive action that allowed opposition to mobilize, including daily harranges on all the conservative talk shows. A President Kerry should do this, if he can, with a stroke of a pen on Inauguration Day.
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stevebreeze Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-04 05:50 PM
Response to Original message
1. If I remember correctly no it was repealed in an act of congress
The original repeal was by Reagan, but then congress acted. I would assume that if it could have been reversed by just an act of the president or the governing body (the FCC) it would have under Clinton.
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sangh0 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-04 05:52 PM
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2. No
Executive Orders are nothing more than an order from the Chief Executive of the fed Govt (that would be POTUS) to his employees (that would be Federal workers)
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AndyP Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-04 05:57 PM
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3. excuse me for asking
but what's the old fairness doctrine.:dunce: I know I could look it up but that would take energy.
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madmax Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-04 06:00 PM
Response to Reply #3
5. Here's a start
Also google Fairness Doctrine, lots of info. Don't be so lazy :evilgrin:

Released: July 25, 1997
The Wisdom Fund, P. O. Box 2723, Arlington, VA 22202
Website: http://www.twf.org -- Press Contact: Enver Masud
Broadcasting Fairness Doctrine Promised Balanced Coverage
WASHINGTON, DC -- The passing of media ownership into fewer hands, the potential for conflicts of interests, and the virtual exclusion of significant opposing viewpoints are good reasons to reevaluate the broadcasting Fairness Doctrine, and it's potential for obtaining more balanced coverage of Islam and Muslims.
The Fairness Doctrine from 1949 until 1987, when it was discontinued by the Federal Communications Commission, required broadcasters, as a condition of getting their licenses from the FCC, to cover controversial issues in their community, and to do so by offering some balancing views. It did not require equal time for opposing views. It merely prevented a station from day after day presenting a single view without airing opposing views.

The fairness doctrine's constitutionality was upheld by the U.S. Supreme Court in the landmark 1969 case, Red Lion Broadcasting v. FCC (395 U.S. 367). The Court ruled that it did not violate a broadcaster's First Amendment rights. Five years later, however, in Miami Herald Publishing Co. v. Tornillo (418 U.S. 241), without ruling the doctrine unconstitutional, the Court concluded that the doctrine "inescapably dampens the vigor and limits the variety of public debate". In 1984, the Court concluded that the scarcity rationale underlying the doctrine was flawed and that the doctrine was limiting the breadth of public debate (FCC v. League of Women Voters, 468 U.S. 364).

More: http://www.twf.org/News/Y1997/Fairness.html
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AndyP Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-04 06:12 PM
Response to Reply #5
6. Thanks
I have heard of it before, just the name didn't ring a bell. I'll try not be so lazy max. :)
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papau Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-23-04 05:58 PM
Response to Original message
4. Fairness law expired-Reagan veto'd new law and Congress couldn't override
Edited on Tue Mar-23-04 05:59 PM by papau
Now we couldn't even pass such a law.
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DieboldMustDie Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-04 12:01 AM
Response to Original message
7. The Fairness Doctrine was repealed by the FCC...
in August 1987. Congress voted to write it into law, but Reagan vetoed it. Presumably the FCC -- one controlled by Kerry appointees -- could bring it back. See http://www.museum.tv/archives/etv/F/htmlF/fairnessdoct/fairnessdoct.htm or http://www.twf.org/News/Y1997/Fairness.html for more.
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