The Constitutionality of the Fairness DoctrineMike Rappaport

With all this talk about reimposing the Fairness Doctrine, and with the separate talk about the “Right Wing” Roberts Court, I got to wondering whether the Court would distinguish/overturn Red Lion and hold the Fairness Doctrine unconstitutional.  I surely hope so, and I would predict that Scalia, Thomas, Roberts, and Alito would find it unconstitutional.  But you never know with Kennedy.  One would hope that Breyer would acknowledge that the world had changed and that his views commit him to holding it unconstitutional, but I simply don’t trust Breyer to act on principle when liberal positions are at risk.  So it is hard to say.  In the end, my guess is that it is more likely than not that the Fairness Doctrine would be struck down.  But don’t bet the ranch.