Last thoughts on the Fairness Doctrine....

Don A donald_astelle@yahoo.com
Sun Nov 16 16:21:17 EST 2008


There are many ideas floating around as to how the FD might be instituted 
and what methods will be used to judge fairness.

This is one of the few cases that ever went to court under FD and it was 
back in 1964.

If anyone is interested in what lead up to the complaint...here it is:

For those that have an opinion, how do you think this should have been 
handled?


>>The Red Lion Broadcasting Company is licensed to operate a Pennsylvania 
>>radio station, WGCB. On November 27, 1964, WGCB carried a 15-minute 
>>broadcast by the Reverend Billy James Hargis as part of a "Christian 
>>Crusade" series. A book by Fred J. Cook entitled "Goldwater - Extremist on 
>>the Right" was discussed by Hargis, who said that Cook had been fired by a 
>>newspaper for making false charges against city officials; that Cook had 
>>then worked for a Communist-affiliated publication; that he had defended 
>>Alger Hiss and attacked J. Edgar Hoover and the Central Intelligence 
>>Agency; and that he had now written a "book to smear and destroy Barry 
>>Goldwater."[note 2] When Cook heard of the broadcast he [372] concluded 
>>that he had been personally attacked and demanded free reply time, which 
>>the station refused. After an exchange of letters among Cook, Red Lion, 
>>and the FCC, the FCC declared that the Hargis broadcast constituted a 
>>personal attack on Cook; that Red Lion had failed to meet its obligation 
>>under the fairness doctrine as expressed in Times-Mirror Broadcasting Co., 
>>24 P & F Radio Reg. 404 (1962), to send a tape, transcript, or summary of 
>>the broadcast to Cook and offer him reply time; and that the station must 
>>provide reply time whether or not Cook would pay for it. On review in the 
>>Court of Appeals for the District of Columbia Circuit,[note 3] the [373] 
>>FCC's position was upheld as constitutional and otherwise proper. 127 U.S. 
>>App. D.C. 129, 381 F.2d 908 (1967).<<


From:  http://epic.org/free_speech/red_lion.html




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