latimes | President Reagan, intensifying the debate over whether the nation's
broadcasters must present opposing views of controversial issues, has
vetoed legislation to turn into law the 38-year-old "fairness doctrine,"
the White House announced Saturday.
The doctrine, instituted by
the Federal Communications Commission as public policy in 1949, requires
the nation's radio and television stations to "afford reasonable
opportunity for the discussion of conflicting views on issues of public
importance."
"This type of content-based regulation by the federal government is,
in my judgment, antagonistic to the freedom of expression guaranteed by
the First Amendment," Reagan said in his veto message. "In any other
medium besides broadcasting, such federal policing of the editorial
judgment of journalists would be unthinkable."
Staunch Opposition
The
legislation had been staunchly opposed not only by the Administration,
but also by the nation's broadcasters, who maintain that the FCC policy
is an unconstitutional intrusion that has a chilling effect on their
operations.
Opponents also contend that the explosive growth of
the telecommunications industry in recent years makes the fairness
doctrine obsolete. In his veto message, Reagan noted that the FCC has
concluded "that the doctrine is an unnecessary and detrimental
regulatory mechanism."
The legislation containing the doctrine
passed the House on a 302-102 vote on June 3 and had been approved by
the Senate in April on a 59-31 vote.
If the measure does not
become law, the fairness doctrine and its obligations still will remain
in effect as FCC policy. However, supporters have been seeking to codify
the regulation for fear that the FCC could act to repeal
it--particularly in light of a federal appeals court ruling last year
that concluded that the doctrine was not a law, leaving its enforcement
up to the FCC.
Former FCC Chairman Mark S. Fowler had pressed for
repeal of the fairness doctrine and, the June 22 issue of Broadcasting
magazine said, helped to write Reagan's veto message.
In 1985 the
FCC, under Fowler's leadership, issued a report on the doctrine calling
it constitutionally "suspect" and said that "if it were up to the
commission, it would hold the doctrine unconstitutional."
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