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Judicial Watch Uncovers New FCC Documents on Fairness Doctrine Debate
Documents Also Detail Discussions Involving Controversial "Localism" Proposal
| Source: Judicial Watch
WASHINGTON, DC--(Marketwire - May 7, 2009) - Judicial Watch, the public interest group
that investigates and prosecutes government corruption, announced today
that it has obtained documents from the Federal Communications Commission
(FCC) concerning the "Fairness Doctrine," a policy abolished in 1987, and
other governmental means to limit free speech in the media. Judicial Watch
obtained the documents in response to a December 2008 Freedom of
Information Act request.
While President Obama is on record opposing the return of the Fairness
Doctrine, which is viewed by many as an attempt to squelch the free speech
of conservatives in the media, these documents show that the FCC is
considering alternative proposals that may also regulate free speech in the
media under the professed goal of "diversity."
For example, in December 2007, the FCC proposed new "localism" measures to
force broadcast stations to offer programming more "responsive to the needs
and interests of the communities that they are licensed to serve." These
proposed measures, highlighted in a document entitled, "The Report on
Broadcast Localism and Notice of Approved Rulemaking," included a
requirement that broadcasters, "provide 3 hours per week of
locally-produced program," and that licensees establish "permanent advisory
boards (including representatives of underserved community segments)." The
FCC noted that these measures would become part of the application renewal
process to make sure broadcasters "meet their responsibilities."
Problems with "localism" are highlighted in a legal memo written by
Kathleen Kirby of the law firm Wiley Rein and submitted to Rosemary Harold,
serving as legal counsel to FCC Commissioner Robert McDowell. In the
document, which was distributed internally at the FCC, Ms. Kirby advises
that the Fairness Doctrine "would do well to stay dead." Ms. Kirby then
turns her attention to "localism," advising that such a policy could
represent a "stealth enactment" of the Fairness Doctrine. Ms. Kirby
states: "Convene permanent advisory boards? Give aggrieved listeners
'more straightforward guidance' on 'how individuals can directly
participate in the license renewal process?' That sounds mild. But then
again, so did the Fairness Doctrine."
"These documents are a useful insight into the internal debates at the FCC
about the Fairness Doctrine and its cousin, 'localism,'" said Judicial
Watch President Tom Fitton. "We're going to have to keep an eye on this
FCC. The last thing our country needs is bureaucrats in the Obama
administration stomping on the First Amendment rights of conservatives."
Press Advisory: Judicial Watch will host a panel discussion regarding the
"Fairness Doctrine" May 14th, 12:30 - 2 p.m., in the First Amendment Lounge
of the National Press Club, 14th & F Streets, NW, Washington, DC.
Visit www.JudicialWatch.org to read the FCC Documents uncovered by Judicial
Watch.