FCC Establishes Fairness Doctrine Requiring Broadcasters to Present Balanced Coverage of Controversial Issues

The Federal Communications Commission adopts the Fairness Doctrine through its “Report on Editorializing by Broadcast Licensees,” establishing a formal regulatory requirement that broadcast license holders must (1) provide adequate coverage of controversial issues of public importance and (2) ensure that coverage fairly represents opposing viewpoints with reasonable balance. The doctrine implements the Communications Act’s “public interest” mandate by obligating broadcasters using publicly-owned airwaves to serve democratic discourse rather than exclusively corporate or ideological interests.

The Fairness Doctrine supersedes the 1941 Mayflower Doctrine which had prohibited on-air editorializing entirely, instead allowing broadcasters to take positions on issues while requiring they provide reply time and balanced coverage. The two-part requirement establishes that licensees cannot use broadcast stations “for the private interest, whims or caprices [of licensees], but in a manner which will serve the community generally.” The FCC gains enforcement authority to revoke licenses or deny renewals for broadcasters who fail to provide balanced coverage of controversial public issues.

In 1959, Congress amends Section 315(a) of the Communications Act to codify the Fairness Doctrine into law, writing: “A broadcast licensee shall afford reasonable opportunity for discussion of conflicting views on matters of public importance.” This statutory foundation prevents the FCC from unilaterally abolishing the doctrine without congressional action. The doctrine is grounded in the “scarcity of broadcast spectrum” theory: because limited frequencies prevent all viewpoints from accessing broadcast media, those granted exclusive licenses to public airwaves must serve as public trustees presenting diverse perspectives rather than propaganda channels.

However, the Fairness Doctrine is systematically undermined through coordinated corporate lobbying and Reagan-era deregulation ideology: FCC Chairman Mark S. Fowler (1981-1987), a Reagan campaign staffer and telecommunications attorney, releases a 1985 report declaring the doctrine unconstitutional and harmful to free speech; Judges Robert Bork and Antonin Scalia rule (1986) that the 1959 statutory language did not actually make the doctrine law; FCC Chairman Dennis Patrick abolishes the doctrine entirely via 4-0 vote (August 4, 1987); President Reagan vetoes congressional legislation to restore it (June 1987); and President George H.W. Bush threatens veto of subsequent revival attempts (1991). The doctrine’s abolition enables the rise of partisan talk radio (Rush Limbaugh 1988) and contributes to the increasing polarization and consolidation of American media, demonstrating how foundational democratic protections can be eliminated through regulatory capture despite public opposition.