Legal Group Prepares to Battle Fairness Doctrine

By Lawrence D. Jones, Christian Post Reporter Tuesday, February 17, 2009

The American Center for Law and Justice, a legal group which specializes in constitutional law, said Monday it is preparing a litigation strategy to combat the Fairness Doctrine should it return.

For months, Christian ministries and groups have been on guard against renewed legislative efforts to reinstate a former federal communications rule that required broadcasters to provide opportunity for opposing views on controversial issues.

The groups have also expressed concern that the incoming chairman of the Federal Communications Commission could help reimpose the doctrine, without any congressional or executive order since the FCC is an independent regulatory agency.

"Putting the federal government in control of dictating the content of what's aired would effectively muzzle Christian broadcasters and is an unconstitutional attempt to stifle free speech," said Jay Sekulow, chief counsel of ACLJ, which litigates to defend religious freedom.

"Whether Congress moves to reinstate the Fairness Doctrine, or if the FCC acts to do so on its own behalf, we will be ready to challenge this in federal court."

On his radio program, "Jay Sekulow Live!", the Washington D.C.-based lawyer told listeners on Monday that Rep. Maurice Hinchey plans to reintroduce legislation in a few days that would restore the Fairness Doctrine. The congressman originally introduced the Media Ownership Reform Act which contains a provision reinstating the controversial doctrine in 2005.

Sekulow invited listeners to sign a petition urging Congress to support the Broadcaster Freedom Act – a measure introduced into the U.S. House and Senate that will prevent the return of the troubling Fairness Doctrine. The ACLJ has gathered more than 230,000 signatures toward the petition.

Sekulow also found it troubling that while President Barack Obama said during his campaign that he doesn't support the Fairness Doctrine, none of his administration staff has come forward to reiterate that position.

He observed on the program that Julius Genachowsk, the president's likely pick for FCC chairman, is a former aide to Sen. Chuck Schumer, a strong backer of efforts to revive the doctrine, which was scrapped by the FCC in 1987.

White House senior adviser David Axelrod has refused to rule out the possibility for the return of the policy. He told Chris Wallace on "Fox News Sunday," that he was "going to leave that issue to Julius Genachowski, our new head of the FCC, and the president to discuss; so I don't have an answer for you now."

Acting FCC chairman Michael Copps, in the meantime, said he doesn't support bringing back the doctrine, reported Cybercast News Service. Even though he felt the government has a role in enforcing media "diversity," he said the decision ultimately rested with Congress, not the FCC.

The Fairness Doctrine was designed to encourage discussion on controversial issues by requiring that broadcasters "provide a reasonable opportunity for the presentation of contrasting viewpoints on those controversial issues of public importance."

But critics of the policy said it had the opposite intended effect because broadcasters avoided controversial topics altogether.

"We must be prepared on multiple fronts," said Sekulow in a statement. "We are supporting a legislative remedy to counter a return of the Fairness Doctrine. But the fact is we need to be ready to go to court without delay should the Fairness Doctrine be reinstituted – either by Congress or the FCC."

He assured listeners Monday that if the doctrine is ever reinstated, "Trust me, the next day I'm in court."