Why the Fairness Doctrine is Unfair to the Left

"Error of opinion may be tolerated where reason is left free to combat it."
- Thomas Jefferson, First Inaugural Address, 04 March 1801

"So let's leave it alone, 'cause we can't see eye to eye.
There ain't no good guys, there ain't no bad guys.
There's only you and me and we just disagree."
- From "We Just Disagree" by Billy Dean

The absolute worst laws are passed as a quick response to a crisis. In a heightened sense of urgency, lawmakers are willing to pass some extreme, simplistic solution whose faults become apparent only after the crisis has passed. The 9/11 attacks gave us the PATRIOT act and the TSA, and our civil liberties have suffered ever since. In 2008, the housing bust was addressed with two complex, obscenely expensive and hastily composed programs, the stimulus package and TARP. These programs did not prevent a severe economic downturn, and will be paid for by generations born long after this crisis has passes.

Which brings us to the latest crisis: the tragic shooting in Tucson, Arizona of Rep. Gabrielle Giffords and others. The instant analysis of the shooter's motivation was that it was a product of a harsh political environment. This has lead two Democratic representatives, Rep. Jim Clyburn (SC) and Rep. Bob Brady (PA), to propose reinstating the fairness doctrine. This FCC policy, first instated in 1949 and dropped in 1987, required broadcasters to present controversial issues of public importance in way that the FCC board finds to be honest and balanced. Supporters argue that a revived fairness doctrine would keep Rush Limbaugh, Glenn Beck, and Bill O'Reilly off the air, resulting in a more civil political discourse.

Hopefully, cooler heads will prevail and the fairness doctrine will remain dead. The history of this doctrine indicates that it leads to ersatz censorship, and that it is especially unfair to the left. The problem with the fairness doctrine is that FCC officials of the current administration determines what is "honest and balanced" coverage, and inevitably their definition of balance reflects the administrations' point of view. The temptation to abuse this doctrine is hard to resist; Arthur Larson, a Democratic official from the JFK / LBJ years, admitted to using the doctrine to suppress right wing broadcasters. Larson regretted this censorious use of the FCC, especially after Richard Nixon used the fairness doctrine to suppress his critics. Shows such as "The Smothers Brothers Comedy Hour" and the TV documentary "The Selling of the Pentagon" came under FCC scrutiny for their perceived left tilt. The liberal publications of that time (e.g. The Nation or Ramparts) decried the fairness doctrine on free speech grounds.

The democrats may control the FCC for now, but political fortunes can change on a dime. Remember back in 2004, when the Democratic party was given up for dead? In 2008, a mere 4 years later, political pundits declared that the Republicans would be a political minority for at least a generation. Then came the 2010 elections, and the tables turned once again. Who knows which side will control the FCC in 2013? Keep in mind that an FCC with the power to boot Rush Limbaugh, Glen Beck and Bill O'Reilly off the air also has the power to silence Keith Olbermann, Chris Matthews, and Rachel Maddow.

The fairness doctrine unfairly favors the status quo over the agents of change. Liberal support for this doctrine is therefore self defeating. We should not use this crisis to weaken our first amendment protections.

Defending Keith Olbermann and Media Bias

"He would certainly rebuke you if you secretly showed partiality!"
- Job 13:10

"Think of what you're saying.
You can get it wrong and still you think that it's all right.
Think of what I'm saying,
We can work it out and get it straight, or say good night."
- from "We Can Work It Out" by Lennon and McCartney

MSNBC commentator Keith Olbermann was recently given a two day suspension for donating money to three democratic congressional campaigns. His NBC contract stipulates that he would not engage in such partisan activities with notifying the president of NBC news, and obtaining this president's approval. NBC requires this of all of their news staff in order to maintain their "journalistic impartiality".

I may be the worst person in the world to defend Olbermann. I find that like all too many cable news hosts, Olbermann frequently goes on sophomoric and tiresome rants. His attacks on Scott Brown, Michelle Malkin, and Bill O'Reilly were so over-the-top that they generated sympathy for his targets.

So why shouldn't NBC take punitive measures against Olbermann for violating his contract? Basically, because this contract requirement of impartiality, even in his off-air activities, makes no sense in the current media world, for at least three reasons.

1. Olbermann does not does not host a show like the NBC nightly news where he is expected to be impartial. He hosts the video equivalent of a newspaper Op-Ed piece, where he is expected to give his opinion. How can he give his opinion and be impartial at the same time?
2. It is questionable whether journalistic impartiality is a realistic goal. A study published in the Journal of Political Economy finds a slant in many 'balanced' news reports, due to the nature of the news business.
   
3. When the national TV market was an oligopoly of three major networks, impartiality was a major concern. But with the explosion of news outlets on TV and the internet, we have a much better way to get both sides of a story. We can watch both a true liberal and a true conservative present their case. This is a vast improvement over having a single new anchor present his or her sincere point of view, and then for balance, present some alternative that he or she does not really believe in.

Keith Olbermann, Bill O'Reilly, Chris Matthews, and Glenn Beck may all say things that you disagree with. Certainly they have said things that I object to. But their contributions to the public dialog allows viewers to more clearly see issues from both sides of the left-right divide.

Speaking of the left-right divide, I heartily recommend the web site Blogging Heads TV. This site has videos of bloggers from differing sides debate each other over a web cam. You will be pleased to see how polite these bloggers are. They have mastered the art of disagreeing without being disagreeable. Another pleasant surprise is how often they come to agreement!

Before leaving, I should point out one point on which I emphatically agree with Keith Olbermann: his brave stance on Anwar al-Awlaki. And for those who would like to take a break from serious discussion, here is a lighter side of Olbermann.