The Unfairness DoctrineMike Rappaport

Lots of people seem to be concerned about the Democrats re-enacting the Fairness Doctrine.  And I think that people should make some noise about it.  But to tell you the truth, I am far less worried about its reenactment than a host of other bad Democratic ideas, because I don’t really see it passing.  The Fairness Doctrine would attempt to close down talk radio and Fox News and other TV shows, and I think it would be an obvious attempt — for all the world to see — of attempting to control speech.  I think talk radio and Fox News would make such a noise that Congress would never do it.

But even if they did, I believe it would be struck down by the Supreme Court.  It is one thing to approve the Fairness Doctrine in a world with three television channels, and then to continue its approval as the number of channels grew.  But once the Doctrine is gone, and we see that a flourishing and diverse debate occurs, reenacting it to shut up the opposition is going to strike at least five justices as unconstitutional.  Or so I predict.