DeMint: Announcing the Broadcaster Freedom Act

DeMint, Thune, Pence & Walden Introduce Bill to Stop Fairness Doctrine

Broadcaster Freedom Act would keep radio airwaves free from government censorship and suppressio

In an effort to prevent Democrats from suppressing the right to free speech for talk radio and other broadcasters, today Congressman Mike Pence (R-Indiana), chairman of the House Republican Conference, Congressman Greg Walden (R-Oregon), Senator Jim DeMint (R-South Carolina), chairman of the Senate Steering Committee, and Senator John Thune (R-South Dakota), Vice Chairman of the Senate Republican Conference, introduced the Broadcaster Freedom Act of 2009 (S. 34 in the Senate, bill number pending in the House). The bill would prevent the Federal Communications Commission (FCC) from reinstating the Fairness Doctrine, which would suppress free speech by requiring the government to monitor political views and decide what constitutes fair political discourse.

“The time has come to do away with the Fairness Doctrine once and for all,” said Congressman Pence. “Over the past few months, some of the most powerful Democrats in Congress have made their intentions to restore this Depression-era regulation clear. However, bringing back the Fairness Doctrine would amount to government control over political views expressed on the public airwaves. It is dangerous to suggest that the government should be in the business of rationing free speech.

“During my years in radio and television, I developed a great respect for a free and independent press. Since being in Congress, I have been the recipient of praise and criticism from broadcast media, but it has not changed my fundamental belief that a free and independent press must be vigorously defended by those who love liberty. I urge this Congress to send the Fairness Doctrine to the ash heap of broadcast history where it belongs,” said Congressman Pence.

Senator DeMint added, “Since the repeal of the Fairness Doctrine, talk radio has grown rapidly due to the power of the free market. We should not allow our government to suppress free speech by reversing this decision and regulating the marketplace of ideas.

“Democrats want to impose an unfair doctrine that destroys talk radio and silences the voices of millions of Americans who disagree with their vision for America. But the First Amendment of our Constitution guarantees the right of free speech, regardless of political affiliation, and this legislation will protect this sacred right,” said Senator DeMint.

Senator Thune said, “One of America’s greatest pillars of democracy and freedom is our Constitutional guarantee to exercise free speech. For over 200 years, the First Amendment has allowed Americans to voice opinions, thoughts and questions of their choosing without the fear of Government reprisal. This guarantee is now threatened by some liberal ideologues who are frustrated with the free flow of ideas on talk radio. The bill we have introduced will stop them in their tracks and help protect the vibrant marketplace of ideas we have today in our media. I advise every American to be hesitant when government officials offer to regulate the media in the name of ‘fairness.’ Our support for freedom of conscience and freedom of speech means that we must support the rights granted to even those with whom we disagree. Simply put, giving power to a few to impose ‘fairness’ in the media is a recipe for an Orwellian disaster.”

Congressman Walden, who owned and operated radio stations for more than 21 years and is part of a small town broadcast family that dates back to the 1930s, stated, “The founders would spin in their graves at the thought of the government censoring speech on many of today’s radio and television stations. Yet that’s just what some Democratic leaders seem to be after. Whether as a throwback to the old Fairness Doctrine or under a less controversial guise, any effort to exert government control over speech on the airwaves is an insult to the principles behind the First Amendment.”

The Fairness Doctrine was implemented by the FCC in 1949 in an attempt to ensure balanced and fair coverage of controversial subject matter by broadcasters. In 1985, the FCC determined that the Fairness Doctrine was no longer necessary due to the emergence of a “multiplicity of voices in the marketplace.” The FCC was also of the view that the Fairness Doctrine may have violated the First Amendment. In a 1987 case, the courts declared that the doctrine was not mandated by Congress and the FCC did not have to continue to enforce it. Twice, Congress has passed legislation restoring the Fairness Doctrine, but Presidents Ronald Reagan and George H.W. Bush vetoed the bills.

The DeMint-Thune Senate bill, S. 34, has 24 cosponsors including Senators Lamar Alexander (R-Tennessee), John Barrasso (R-Wyoming), Christopher Bond (R-Missouri), Sam Brownback (R-Kansas), Saxby Chambliss (R-Georgia), Tom Coburn (R-Oklahoma), John Cornyn (R-Texas), Mike Crapo (R-Idaho) John Ensign (R-Nevada), Michael Enzi (R-Wyoming), Lindsey Graham (R-South Carolina), Kay Bailey Hutchison (R-Texas), James Inhofe (R-Oklahoma), Johnny Isakson (R-Georgia), Jon Kyl (R-Arizona), Richard Lugar (R-Indiana), Mel Martinez (R-Florida), Mitch McConnell (R-Kentucky), Pat Roberts (R-Kansas), Jeff Sessions (R-Alabama), David Vitter (R-Louisiana), George Voinovich (R-Ohio), and Roger Wicker (R-Mississippi).

The Pence-Walden bill in the House already has over 100 cosponsors including Representatives John Boehner (R-Ohio), Eric Cantor (R-Virginia), John Carter (R-Texas), David Dreier (R-California), Jeb Hensarling (R-Texas), Kevin McCarthy (R-California), Thaddeus McCotter (R-Michigan), Cathy McMorris-Rodgers (R-Washington), Tom Price (R-Georgia), Adam Putnam (R-Florida), Pete Sessions (R-Texas), and Fred Upton (R-Michigan).

The Right To Remain Silent

The Right To Remain Silent
By INVESTOR'S BUSINESS DAILY

Free Speech: Republicans are now officially the loyal opposition. But under President Obama and a revived Fairness Doctrine, they may soon need permission to voice that opposition.

It gives one pause when a leading Democrat compares talk radio to pornography. But that's what Sen. Charles Schumer of New York did on Fox News a week ago while advocating a return to the Fairness Doctrine requiring holders of broadcast licenses to present controversial issues in a balanced way.

"The very same people who don't want the Fairness Doctrine want the FCC to limit pornography on the air, (and) I am for that," he said. "But you can't say, 'government, hands-off' in one area to a commercial enterprise, but you are allowed to intervene in another. That's not consistent."

Dianne Feinstein, D-Calif., chairman of the Senate Rules Committee, agrees. "I believe very strongly that the airwaves are public and people use these airwaves for profit," she said last year. "But there is a responsibility to see that both sides, and not just one side, of the big public questions of the debate are aired and are aired with some modicum of fairness."

The Constitution guarantees the right to free speech but not to a government-mandated forum. As for the profit motive and fairness, there's no guarantee anyone will want to listen to what you say.

Just look at MSNBC and Air America. The marketplace of ideas is already open to all. Some ideas win, and some are turned off. Allowing people to speak doesn't mean forcing people to listen.

Speaking on Albuquerque station KKOB recently, Sen. Jeff Bingaman, D-N.M., told host Jim Villamicci: "I would want this station and all stations to have to present a balanced perspective and different points of view, instead of always hammering away at one side of the political (spectrum)."

Forcing stations "to present a balanced perspective" is not what the Founding Fathers had in mind when they wrote the First Amendment. Neither did they envision allowing the government to regulate the speech of its critics. That's like allowing the emperor to regulate those who say he's wearing no clothes.

Talk radio icon Rush Limbaugh, the main target of the Fairness Doctrine, said in response:

"Sen. Bingaman, do you know how many talk radio stations there are in America today? Try over 2,000 since the Fairness Doctrine was lifted, and on those 2,000 radio stations are countless points of view, from the extreme communist left to the wacko whatever it is on the far right. They're all over the place."

During the campaign, Obama expressed only muted opposition to a formal revival of the Fairness Doctrine. But it's not likely that he'd veto a legislated return to it. Certainly his actions in the campaign show just what team Obama's definition of "fairness" is and what critics have to look forward to.

When the National Rifle Association ran ads attacking Obama's position on gun rights, his campaign sent "cease and desist" letters to radio stations in Pennsylvania and Ohio. In the letter, Obama campaign general counsel Bob Bauer reminded station managers that "you have a duty 'to protect the public from false, misleading or deceptive advertising.' " The inner quote is a clear reference to government regulations on the issuance of station licenses.

When the American Issues Project, a private group, ran ads documenting Obama's long and close association with Weather Underground terrorist William Ayers, Bauer also warned station managers that their broadcast licenses might be at risk.

"Your station is committed to operating in the public interest, an objective that cannot be satisfied by accepting for compensation material of such malicious falsity," Bauer wrote. Bauer also wrote twice to the Justice Department, demanding that it "take prompt action to investigate and to prosecute" the group.

Team Obama will soon be running the Justice Department with Democrats controlling both houses of Congress. It may be a case of speaking now or forever holding your peace.

Sen Dem On Fairness Doctrine

hat tip to Dan Riehl

Democrats get to 60 seats in the Senate, this is one of the many things that they will do to rig the system in their favor.