Discriminations

On Fox News Sunday today with Chris Wallace, Sen. Diane Feinstein was asked if she favored reviving the fairness doctrine, a discarded regulatory scheme in which broadcaster were supposed to present equal time to all opposing views. (It was discarded in part because it came to be seen as a First Amendment violation and in part because its orginal justification — the very limited nature of the airwave spectrum — has been made less relevant by the technological advances that have dramatically increased the sources and channels of information.)

Feinstein was asked this because of persistent reports (or rumors, if you believe the denials) that Democrats want to rein in talk radio because it is so critical of them. Her reply will do little to assuage the fears of those who worry about a new attack on the First Amendment:

WALLACE: So would you revive the fairness doctrine?
FEINSTEIN: Well, I'm looking at it, as a matter of fact, Chris, because I think there ought to be an opportunity to present the other side. And unfortunately, talk radio is overwhelmingly one way.

WALLACE: But the argument would be it's the marketplace, and if liberals want to put on their own talk radio, they can put it on. At this point, they don't seem to be able to find much of a market.

FEINSTEIN: Well, apparently, there have been problems. It is growing. But I do believe in fairness. I remember when there was a fairness doctrine, and I think there was much more serious correct reporting to people.

Perhaps Sen. Feinstein had in mind the example of the Oakland city government, across the Bay from her home in San Francisco, which refused to let a group of its black employees post a notice endorsing the view, as George Will reported this morning, that “Marriage is the foundation of the natural family and sustains family values.” (The city had no objection to gay employees posting notices advertising gay coming out day.)