What’s equity doctrine?

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The Fairness Doctrine required broadcasters to present all sides of an argument fairly, but was stopped in 1985. Congress tried to codify it into law, but it was vetoed by Reagan. The Doctrine of Equity is still suspended, but some want a new Doctrine of Fairness to address the conservative lean of talk radio. Efforts to restore the Doctrine of Equity have been made since Democrats recaptured Congress, but faced opposition from Republicans. Its reinstatement is not guaranteed.

The Fairness Doctrine is a policy that used to be enforced by the United States Federal Communications Commission (FCC) that required publicly licensed broadcasters to present all major sides of an argument fairly. However, the policy was stopped in 1985 under President Ronald Reagan. A new FCC administration found the policy violated the First Amendment and needlessly harmed the public interest.

When the FCC struck down the Fairness Doctrine, the US Congress sought to codify the doctrine into law that would keep the policy in effect. Congress, still run by Democrats, felt it was still a worthwhile enterprise, despite the criticism leveled against it. However, the bill was vetoed by Reagan and Democrats did not have enough support for the legislation to override a presidential veto.

The theory behind the Doctrine of Equity is that as long as the public airwaves are used, no party should have total control of the airwaves. If those airwaves are owned by the public, it may be necessary to address all major positions of the general public. These positions might support a particular candidate or political issue. It made no difference.

While the Equity Doctrine may have what many would consider a reasonable scope, some have criticized the policy saying enforcement was subjective. He left it up to federal regulators to determine which topics should get equal time and which shouldn’t. In some cases, the FCC may have used the fairness doctrine to enforce a certain issue, but may have allowed other issues to go unenforced. Depending on your perspective, the federal government may have implemented a policy that actually resulted in supporting a certain position.

The Doctrine of Equity still remains a suspended policy, but some say it is needed now more than ever. Due to the proliferation of talk radio, which many tend to lean towards the predominantly conservative side, many are now calling for a new Doctrine of Fairness. If implemented, it could force radio stations, and even some television stations, to carry programs given another facet of political philosophy.

In 2006 and subsequent years, since Democrats recaptured both houses of the US Congress, there have been some efforts to restore the Doctrine of Equity. However, any serious effort to restore policy was considered a waste of time under President George W. Bush, a Republican who did not support the policy and would likely have vetoed a restoration attempt just as Reagan did. It is possible, with a new administration in 2009, that the Doctrine of Equity could be reinstated. However, it is expected to face significant opposition from a number of powerful lobby groups and its passage is not guaranteed.




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