Wednesday, February 18, 2009

Can Government Be Sued By Conservative Talk Radio for Restraint of Trade if Gov't Reinstates Fairness Doctrine?

Every conservative talk-radio personality has been harping on the possibility of the Fairness Doctrine returning, in which their host radio stations will either be forced to take on liberal talk shows, or the conservative shows will be forced to present a more balanced viewpoint during their own air time.

Neither is acceptable.

The radio stations know that liberal talk-radio is a money-losing proposition. Air America's business model was so screwed up that they couldn't find enough advertisers to offset their major expenses, and Air America went under in 2006. It relaunched not long after that, fired some people and took to the air again with varying results. Their ratings remain at a fraction of the conservative talk-shows, and so does their profitability.

Their remaining stations are tempted daily to switch over to all-sports programming to turn a profit, because they definitely aren't making it with left-wing programming.

So if the government reinstates the Fairness Doctrine, are they vulnerable to lawsuits from conservative talk-radio and the stations for restraint of trade, by forcing them to air unprofitable and unpopular programming? Not to mention all the First Amendment issues that come boiling up to the surface as well.

Limbaugh, Hannity, Savage, and Glenn Beck remain the top four talk-radio shows in the country. To give you an idea of how far apart the two audiences are, Air America had a 1.6 market share in Spring 2008; Limbaugh's share was a 13.5 for the same time period.

A fairness doctrine will only be fair if it also targets liberal networks CNN, MSNBC, ABC, CBS and NBC for a more balanced viewpoint as well, but I don't see that happening. Nor do any of the talk shows.

Keep the Fairness Doctrine in the trash heap, FCC. Don't bring it back.

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