HISTORICAL: The Deregulation That Enabled Partisan Media
The Fairness Doctrine (1949-1987) required broadcasters to present contrasting viewpoints on controversial issues. Its repeal by Reagan's FCC in 1987 directly enabled the rise of partisan talk radio—Rush Limbaugh went national in 1988—and set the stage for Fox News and today's polarized media landscape.
For 38 years, the Fairness Doctrine required broadcast licensees to address controversial public issues and present contrasting viewpoints. The Supreme Court upheld it 8-0 in 1969, ruling that "the right of the viewers and listeners, not the right of the broadcasters, which is paramount." But Reagan-era deregulation killed it—transforming American political discourse. [3]
Origins: The Scarcity Rationale (1949)
The FCC established the Fairness Doctrine in its 1949 "Report on Editorializing by Broadcast Licensees." The rationale was simple: broadcast spectrum is limited (scarce), so the public interest requires balance. [4]
The doctrine required two things:
- Broadcasters must cover controversial issues of public importance
- Broadcasters must present contrasting viewpoints on those issues
Broadcasters had wide latitude in how to comply—through news segments, editorials, guest appearances, or other formats.
Red Lion: Supreme Court Upholds Doctrine (1969)
In Red Lion Broadcasting Co. v. FCC, the Supreme Court unanimously upheld the Fairness Doctrine. Justice Byron White wrote: [3]
"It is the right of the viewers and listeners, not the right of the broadcasters, which is paramount... It is the purpose of the First Amendment to preserve an uninhibited marketplace of ideas in which truth will ultimately prevail."
Reagan Deregulation: The 1987 Repeal
Reagan-appointed FCC Chairman Mark Fowler called television "a toaster with pictures" and began rolling back broadcast regulations. In 1985, the FCC concluded the doctrine had a "chilling effect" on speech. In August 1987, the FCC voted 4-0 to abolish the Fairness Doctrine. [1]
Congress passed the Fairness in Broadcasting Act to codify the doctrine into law. Reagan vetoed it, arguing it violated the First Amendment. [2]
Immediate Aftermath: Limbaugh Goes National
On August 1, 1988—less than a year after repeal—Rush Limbaugh began national syndication on 56 stations. By the mid-1990s, he was on 600+ stations with 20 million weekly listeners. [5]
The transformation was dramatic:
- 1990: ~360 news/talk radio stations nationwide
- 2020: 1,300+ news/talk stations
- Conservative hosts dominated: Limbaugh, Hannity, Savage, Levin, Ingraham
| Year | Event | Impact |
|---|---|---|
| 1949 | Fairness Doctrine established | Balanced broadcasting required |
| 1969 | Red Lion decision (8-0) | Supreme Court upholds doctrine |
| 1987 | FCC repeals doctrine | Balance requirement ends |
| 1988 | Limbaugh goes national | Partisan talk radio begins |
| 1996 | Fox News launches | Partisan cable news era |
Failed Restoration Attempts
Multiple attempts to restore the Fairness Doctrine have failed: [6]
- 1987: Reagan veto (Congress lacked override votes)
- 1991: George H.W. Bush threatened veto
- 1993, 2005, 2007: Bills stalled in committee
- 2007: House voted 309-115 against reimposition
Arguments For and Against
Arguments FOR restoration: [8]
- Public's right to hear diverse viewpoints (Red Lion principle)
- Media polarization accelerated after 1987
- Spectrum scarcity still applies to broadcast licenses
Arguments AGAINST restoration: [7]
- Violates First Amendment (Reagan position)
- "Chilling effect" discourages covering controversy
- Scarcity rationale obsolete (cable, internet)
- Potential for political weaponization
- 38 years of balanced broadcast requirements (1949-1987)
- Red Lion: Supreme Court upheld doctrine 8-0
- Reagan veto prevented Congressional restoration
- Rush Limbaugh went national within a year of repeal
- News/talk stations grew from 360 to 1,300+
- Fox News launched in 1996; partisan cable era began