The recent decision by the Trump administration to collect evidence of political bias at social media companies is to be welcomed. However it has led to gloating on the Left, and concerns on the Right about the legal issues. The First Amendment to the United States Constitution, it is said, prohibits interference by the Federal Government or by Congress. Rubbish! The Supreme Court has already upheld such legislation, and not even the recent, Conservative leaning Supreme Court but the Left-leaning activist Warren Court. I am speaking of course, of the FCC Fairness Doctrine (archive).
The Fairness Doctrine was a rule imposed on early, analog, radio broadcasters as well as television broadcasters. Because there were few radio television channels, they operated as gatekeepers to the national political conversation. As a result, over a number of cases the Federal Communications Commission (FCC) began treating them somewhat like utilities.
The Mayflower Doctrine was a ruling of the FCC in 1941 that radio stations were prohibited from editorialising in matters of news or politics for fear that they would otherwise simply be used to propagandise on behalf of Conservative business owners. It was superceded by the later, ‘Fairness Doctrine’. The rule required that broadcasters dealing with controversial issues present both sides, grant equal time to both sides and give those publicly criticised the opportunity to respond.
Eventually, a company called Red Lion Broadcasting challenged the rule and the litigation made its way to the Supreme Court. Which ruled unanimously in favour of the FCC. The full case name is, Red Lion Broadcasting Company, Incorporated, et al. v. Federal Communications Commission, et al. and the court’s opinion can be found here.
HELD (amongst other things) – The fairness doctrine and its specific manifestations in the personal attack and political editorial rules do not violate the First Amendment.