JSRG
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- Apr 14, 2019
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The fairness doctrine--which plenty of people have said in practice was just used by administrations to punish the views of people they disagreed with--was justified as being constitutional despite the obvious suppression of freedom of speech on the grounds that because there were limited broadcast channels that could be used, the government could govern it by issuing licenses, and could then to some extent control the holders of those licenses. This idea has gotten a lot of criticism, but at any rate, that was the reasoning of the Supreme Court.For it to have any effect in the modern environment, it would have to be applied to cable TV (as well as other mediums)
The Fairness doctrine (only applying to broadcast TV and nothing else) would only impact about a fifth of the market share.
"ABC World News Tonight, you have to present your 7 million quarterly viewers with contrasting viewpoints" accomplishes very little if there are podcasts and and other non-broadcasts mediums putting up those kinds of numbers in a week.
The other aspect I haven't touched on is the Overton Window, and how that would be viewed in terms of social responsibility.
The Fairness Doctrine, in it's previous state, would dictate that during covid, if ABC had Fauci on to discuss the importance of the covid vaccine, they would've needed to give Robert Malone time on their show to present a contrasting viewpoint...would people have been cool with that arrangement?
This rationale does not apply to cable TV or other mediums (except for AM/FM radio). Again, the entire basis for courts saying this wasn't a First Amendment violation came from the need to only allow so many channels because of the realities of how broadcast signals work. But there is no such factor in cable channels or other mediums. So there cannot be any fairness doctrine for anything like cable TV or the Internet where the amount of content is theoretically unlimited without violating the First Amendment.
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