It's rooted in what is--to be fair--the received understanding of broadcast regulation, a hazy idea of a past, golden era of equity, reasonability, and freedom in broadcasting.
But the government actions that are waved at by the author were actually responsible for major episodes of government censorship and the repression of political dissent, which affected people from across the political spectrum.
For example, under the FRC's "public interest" mandate, it immediately started blocking license applications from socialists; for instance, they tried to keep WEVD, named after Eugene Victor Debs, off the air. Only a major pressure campaign won them approval.
In 1933 WIBO & WPCC in Chicago lost their licenses to station WJKS in Gary partly b/c WJKS’s programming was “well designed to meet the needs of the foreign population” by “stress[ing] loyalty to the community and the Nation” & “instruct[ing] in citizenship and American ideals.."
So not that long ago, the public interest was readily defined by ethno-nationalism & radical exclusion. It was *obvious* to both progressives & conservatives of the time that it was appropriate to do so.
That should give liberals the willies, not inspire us to similar action!
Or take the gesture towards Congress passing "laws to foster competition...and public broadcasting."
One such law was a ban on cross-media ownership, so that, say, newspaper magnates couldn't own more than a handful of radio/tv stations.
Doesn't sound bad, eh?
But here's the real story. The first attempt at a cross-media ownership ban was explicitly pushed by FDR b/c he didn't like conservative newspapers being allowed to buy radio stations from which they could amplify their critiques of the New Deal.
In public, they could say that the ban was meant to foster competition; in private, they could acknowledge that it was about repressing political dissent against a four term President willing to pack any government institution that tried to get in his way.
That first attempt failed, but the cross-media restrictions eventually passed because of...[trumpets]...Richard Nixon. Nixon was angry that Katherine Graham, owner of the Washington Post, was investigating the Watergate scandal.
She couldn't be directly cowed via public interest since newspapers aren't under it. But Graham did own a couple of television stations. So Nixon's FCC got a cross-media rule done and forced her to divest of the most profitable stations.
All of this to say, if you don't know the true, sordid history of the public interest mandate in broadcast licensing, I get why you'd be tempted to suggest it as a template for internet regulations. But it had many bad, unintended consequences then and it would today as well.
I made it all the way through the thread without discussing the most incredible abuse of the broadcasting public interest mandate, the use of the Fairness Doctrine to censor dissenting right-wing (and left-wing) radio/tv in the '60s!
Folks think futzing with Section 230 will be some kind of quick fix for the toxicity and craziness in our politics. But the causes of our national illness are far deeper than the internet platforms that host their content. Shooting the messengers won't solve that.
We should know this, right? I mean, we had a national experiment with this approach during the First Red Scare. The government harassed socialist newspapers, jailed activists, and tried their best to shut them up.
And it didn't work. The persecution only fueled a resurgence of left-wing radicalism leading to the Popular Front era of the 1930s.
I wrote a book about the Fairness Doctrine and how it was responsible for one of the worst episodes of government censorship in US history.
So I am somewhat alarmed at the calls percolating on Twitter for a new, internet Fairness Doctrine. This is a thread about why that is.
Let's start with what most people think when they hear "Fairness Doctrine." They imagine a time at an indeterminate point in the past when mass media was reasonable, balanced, equitable, and fair. It was a veritable golden age of mass media and the Fairness Doctrine was to thank.
Back then, radio & tv stations couldn't just air their opinions, spreading unchecked misinformation. No, they had to let the other side of any given issue have a say, giving the good guys a chance to check the bad guys when they told bald lies.
I think what the "antitrust / link payment" crowd misunderstand about the role of digitization in the decline of local news is that online platforms are simply middlemen in what was really a massive expansion in competition *between* news outlets.
Once upon a time, the standard consumer of news had relatively few options. (For sake of simplicity, let's stick to print for now.) There was the local town paper (maybe two); you could subscribe to a regional/state level paper or one of the major national papers of record.
But if you lived in, say, South Carolina, you couldn't get fresh news delivered to you by the local / regional papers in Oregon, and vice versa.
If a critical mass of people on twitter generate enough Section 230 hot takes, all that energy fuses to create renewed interest in the #FairnessDoctrine.
I wrote a book on the FD so let me walk you through why reviving it would be a terrible, horrible, no good, very bad idea.
First, the Fairness Doctrine was responsible for the most successful episode of government censorship of the past half century. While the Fairness Doctrine was technically created to encourage fair and balanced coverage of “controversial issues of public importance"...
...in the 1960s the Kennedy administration weaponized it to punish conservative radio critics. You see, fairness is in the eye of the beholder--which is the FCC--and the person who appoints the commissioners--the president--gets a say in what looks fair or foul.
Yes, Operation Warp Speed helped on the margins, but I get so very tired of statists exaggerating its significance in order to avoid having to grapple with any cognitive dissonance over the massive gap between public failure and private sector success in the pandemic response.
Yes, the purchase guarantees were good, but Pfizer, Moderna, et al had already retooled their labs and production lines long before Warp Speed was created. May 15th is incredibly late in the timeline.
Remember, Moderna had a vaccine in *January*.
Worse, Warp Speed gave the feds, especially the CDC, greater oversight over vaccine distribution, which it has spectacularly bungled.
It's been popular for twitterstorians & journalists to suggest that 2016 or 2020 was similar to 1968. Perhaps.
But I'm more concerned about the risk of the 2020s looking like what came after, the 1970s.
The 1970s have been kind of lost down the cultural memory hole, especially the level of political violence. There's a reason that Philip Jenkins's excellent book on the period is titled "Decade of Nightmares."
For example, crimes that today would be exceptional were then quite normal. Plane hijackings boomed, with more hijackings in single *years* of the 70s as in the last two *decades* combined.