Posted by
Always To The Right on Friday, February 20, 2009 4:45:32 PM
Rush Limbaugh throws down another challenge to Barack Obama on the pages of the Wall Street Journal,
this time on the Fairness Doctrine — and any other attempts to limit
political speech by government fiat. Rush reminds Obama of his studies
of the Constitution at Harvard Law and asks him to justify how the FCC
can interfere with the exercise of political speech. He also reminds
Obama that interference in this case could result in the economic
collapse of a significant part of the radio industry, and cost
thousands of people their jobs:
As a former president of the Harvard Law Review and a
professor at the University of Chicago Law School, you are more
familiar than most with the purpose of the Bill of Rights: to protect
the citizen from the possible excesses of the federal government. The
First Amendment says, in part, that “Congress shall make no law
abridging the freedom of speech, or of the press.” The government is
explicitly prohibited from playing a role in refereeing among those who
speak or seek to speak. We are, after all, dealing with political
speech — which, as the Framers understood, cannot be left to the
government to police.
When I began my national talk show in 1988, no one, including radio
industry professionals, thought my syndication would work. There were
only about 125 radio stations programming talk. And there were numerous
news articles and opinion pieces predicting the fast death of the AM
band, which was hemorrhaging audience and revenue to the FM band. Some
blamed the lower-fidelity AM signals. But the big issue was broadcast
content. It is no accident that the AM band was dying under the
so-called Fairness Doctrine, which choked robust debate about important
issues because of its onerous attempts at rationing the content of
speech.
After the Federal Communications Commission abandoned the Fairness
Doctrine in the mid-1980s, Congress passed legislation to reinstitute
it. When President Reagan vetoed it, he declared that “This doctrine .
. . requires Federal officials to supervise the editorial practices of
broadcasters in an effort to ensure that they provide coverage of
controversial issues and a reasonable opportunity for the airing of
contrasting viewpoints of those issues. This type of content-based
regulation by the Federal Government is . . . antagonistic to the
freedom of expression guaranteed by the First Amendment. . . . History
has shown that the dangers of an overly timid or biased press cannot be
averted through bureaucratic regulation, but only through the freedom
and competition that the First Amendment sought to guarantee.”
Today the number of radio stations programming talk is well over
2,000. In fact, there are thousands of stations that air tens of
thousands of programs covering virtually every conceivable topic and in
various languages. The explosion of talk radio has created legions of
jobs and billions in economic value. Not bad for an industry that only
20 years ago was moribund. Content, content, content, Mr. President, is
the reason for the huge turnaround of the past 20 years, not “funding”
or “big money,” as Mr. Clinton stated. And not only has the AM band
been revitalized, but there is competition from other venues, such as
Internet and satellite broadcasting. It is not an exaggeration to say
that today, more than ever, anyone with a microphone and a computer can
broadcast their views. And thousands do.
I certainly do, as do many of my friends, from both sides of the aisle.
In fact, it has never been easier to make yourself and your political
opinions heard, as this blog and millions of others attest. Just as
with the radio market, some succeed in drawing large audiences and
monetizing their efforts, while some fail to do so.
In the blogosphere, though, only a fortunate few of us make this our
jobs. In radio, as Rush reminds Obama, thousands of people depend on
the revenue that talk radio generates. It generates that revenue
because advertisers gravitate towards those shows that gain listeners.
Government intervention will force radio stations to carry shows that
listeners don’t want, leading them to tune out — and for advertisers to
flee. Radio stations, which work on small margins now, will go out of
business and send their employees into unemployment lines — and that’s
if the stations decide to even bother working within the Fairness
Doctrine boundaries in the first place. The FD gives critics plenty of
ammunition for licensing mischief that puts too much risk on investors,
which is the reason that prior to the repeal of the FD, only 125
stations nationwide even bothered with political talk.
Obama just said that he opposes a reimposition of the Fairness
Doctrine, but wants to impose diversity through other means, such as
new ownership rules and the like. What will that mean? Radio stations
will shut down, and when new owners pick up libtalkers, they will find
the same success as Obama 1260 in the hardly-conservative Washington DC
market. The AM band will once again drift towards the moribund, and
people will lose jobs across the nation.
Does Obama support free political speech and the marketplace? Or
does he support the notion of government dictating political content of
broadcasts? That’s the real question.
And please note which of these two men sounds reasonable and rational, and which relies on sloganeering. Hint: The latter isn’t the pundit.