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What would the Framers do?

By
Real Estate Agent with Century 21 Results Realty GA RE Lic # 282060

If you've been listening to the radio lately... and it is a station that doesn't play a lot of music, you have probably heard of the "Fairness Doctrine".  And, since talk radio is basically owned by the conservative side of the spectrum, you have probably heard the Fairness Doctrine railed against... 

In a nutshell, the Fairness Doctrine would mean that if a talk show host with an opinion on one side of an issue were to talk about his side, the station broadcasting it would have to allow equal time for a complaining person on the other side of the issue. 

Those in favor of the doctrine often cite arguments about "the public airwaves" and state the First Amendment - Freedom of the Press arguments don't apply to broadcasters. 

But, I have a question... 

When our Constitution was written, there were two ways to communicate information.  Speech and Press.  Both are covered by the Constitution.  Those were the only ways to get a message out, to communicate, and the Framers of the Constitution saw fit to cover both means of communicating.  In 1776-1789, they could not have imagined that there would be a means to allow a person to speak in New York and have people hear his words live from ocean to ocean... or even around the world.  They certainly could not have forseen a time when everyone in the country would have been able to watch the inner workings of Congress LIVE on television... when the doors aren't closed and the cameras turned off by Congressional Leadership. 

So...

How would the Framers of our Constitution altered the Fist Amendment if they were writing it with current technologies? 

Would they still allow the government to limit speech on the radio and television?  Would the allow the government to institute limits on internet comunications?  Would they treat each of those different from the press, or would they see all of those mass communications options as being the same as the press? 

It isn't just talk radio...  There are people in Washington that think that blogs need to present opposing viewpoints on controversial topics...  How would you feel if you had to host a dissenting argument because you wrote a post about the value of real estate agents?

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Comments (9)

Betty Knowles
Southwest Missouri Realty - Springfield, MO
Ready to sell? Call Betty!

There's nothing fair about the "fairness" doctrine. The free market determines if a radio show will get good ratings and thus survive. Since when has NBC, ABC, CBS, CNN, etc... been fair?

Feb 17, 2009 04:15 AM
Missy Caulk
Missy Caulk TEAM - Ann Arbor, MI
Savvy Realtor - Ann Arbor Real Estate

There is a group on facebook I joined and a few other ones. Lane, they are only trying to stop Fox, Christian Radio and TV and Conservative Talk Radio.

This is not fair

This is censorship.

It is the Gov't instilling itself once again into private individuals and violating the Constitution that our Founding Fathers fought and died for.  The Censorship they are talking about does not apply to Main Stream Media.

Watch out the politically correct label is LOCALISM.

 

Feb 17, 2009 04:27 AM
Bob Southard
Atlas Realty Service, LLC - Kennesaw, GA
e-Pro - Cobb,Cherokee,NorthFulton,Paulding,Bartow

I don't think that the founding fathers would see anything fair about the fairness doctrine.

200+ years ago a person could stand on the Town square and speak. If people liked what they heard they would listen.  They might even come back the next day to hear more!

Current technology is just a highly amplified version of the Town square speech.  Commentators and newscasters speak.  If they like what they hear then they come back for more. 

Every single talk radio host that I have heard allows opposing viewpoints.  Usually they encourage because it makes the show more interesting.

How could the fairness doctrine possibly be applied?  Would it apply to MSNBC? The Huffington Post?  Or only to conservative Talk radio?

Keith Olberman has built his show around his liberal opinions. I have no problem with that. More power to him.  He has a reasonably large following and he makes no bones that what he offers is opinion.  I can choose to watch his show or not.  How will he feel when he has to start offering conservative guest equal time??

BTW, with the current guard in DC, I think the fairness doctrine is only the stroke of the pen away from happening. If they can get 60 Senators to agree then Congress and the Pres will sign off on it.

For those who think the fairness doctrine is fair .. be carefull what you wish for.

 

 

 

 

Feb 17, 2009 04:40 AM
x Bye Bye
x - Bay Minette, AL
Delete Account

Lane - The Founding Fathers knew the importance of communications in all its forms and would have protected all modern forms of communications if they could have for seen 200+ years in the future. 

We must hold to the Original Intent of what they have given us.

Feb 17, 2009 04:53 AM
Gene Wunderlich
1st Action Real Estate - Murrieta, CA
Realtor & Legislative Liaison

I am very afraid of anything posing as a 'Fairness Doctrine'. Unfortunately I believe, as Bob does, that it may well come to pass under the current administration. We have already seen a sharp turn to the left (even under Republicans) that is leading to the socialization of our country. There is not a sacialist country on the planet that allows freedom of the press and we will be no different. Dissenting and opposing views cannot be tolerated and blogs will be no different. You think it's a far reach from being able to censor profanity and racist comments to being able to filter out just the politically incorrect? Not at all. I believe the Framers would be aghast. They were the revolutionaries and freedom fighters of their day and I can just imagine Paul Revere updated to the 21st century - 1 tweet if by land, 2 if by sea... Fairness indeed.

Feb 17, 2009 04:58 AM
MARTY HANCOCK
LINCOLN MORTGAGE - Sewell, NJ

Good Post, and excellent comment by Bob.

Where and how do you draw the line if this fairness doctrine is adapted? Does freedom of speech mean equal time? Do you compromise true freedoms when you attempt to regulate them?

In the end, ratings determine who gets the most airtime. Olberman has a platform because he has an audience. This doesn't validate his opinions, it simply means that enough people agree with him, or at least are intrigued enough to listen, to keep him on the air. Bill O'Reilly has a following despite espousing totally different beliefs. Hopefully, the listener is intelligent enough to make a determination as to the validity of these opinions based upon his own value system.   

Maybe we should just put Olberman and O'Riley on the same show together. I can see it now. After Olbermann goes on for while, O'Riley says, "Keith, you ignorant slut...."

Feb 17, 2009 05:06 AM
Trey Thurmond
BCR Realtors - College Station, TX
College Station , Texas Homes

I agree with Team Knowles on their take on the fairness doctrine. I think also that the founding fathers would say let the listeners choose who they listen to. If they don't like it ...turn it off.  That is what I do.

Feb 17, 2009 05:44 AM
Jason Sardi
Auto & Home & Life Insurance throughout North Carolina - Charlotte, NC
Your Agent for Life

Lane - I'm by no means a conservative (though some of my ideals and beliefs do fit that bill) but I think from what I know that this Doctrine should sleep with the fishes.  Radio is biased to the right, television is biased to the left, so be it.  There are so many beliefs and ideals all over the board and that's the intrical part of the beauty of our nation.  For if it not for the diverse nature of our shared spectrums of thinking, what a dour and stagnant existence we would live.

Feb 17, 2009 05:46 AM
Lane Bailey
Century 21 Results Realty - Suwanee, GA
Realtor & Car Guy

Team Knowles - I was glad to hear yesterday that the White House is saying that PRezBO isn't thinking of reinstating the doctrine...  It would go poorly for him. 

Missy - It makes me crazy that they picked THAT name... 

Bob - Wouldn't even require a vote from the House or Senate... it could be done by decree.  And almost every radio I have seen has TWO different controls to allow people to not have to listen to programing they don't like. 

Brian - I would love to have that conversation with someone... I was hoping one of my liberal friends would pop in to tell me I was all wet...

Gene - I'm glad that PrezBO has said he is not for it, but I am not free of the nerves quite yet. 

Marty - Some wonk would get to decide.. and that is where the danger lives. 

Trey - Yep.  There are alternatives. 

Jason - You are more conservative than you think... I think you are actually a conservative Libertarian looking for the right crowd...

Feb 19, 2009 05:50 AM