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Communications Law

Cleveland State University

Cleveland State Law Review

1989

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Resurrecting The Fairness Doctrine: The Quandary Of Enforcement Continues, Robert D. Richards Jan 1989

Resurrecting The Fairness Doctrine: The Quandary Of Enforcement Continues, Robert D. Richards

Cleveland State Law Review

Despite its repeal in 1987, the fairness doctrine remains one of the most controversial issues in broadcast regulation today. Since the doctrine's demise, Congress has tried twice unsuccessfully to revive this content-specific regulation which required broadcasters to actively search for controversial issues of importance and present a balance of viewpoints in programming exploring those issues. This article suggests a new standard of reviewing fairness complaints at renewal time which creates a strong presumption in favor of the broadcaster. Part I of the article focuses on the development of the fairness doctrine throughout its short history. In particular, it traces the …