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.

Senator Talks Up Fairness Doctrine Again: Assault on First Amendment Set to Begin

Senator Shumer is talking about the Fairness Doctrine again, setting the stage for the Democrats to begin their legalized assault on the First Amendment.

He was on Fox News on Tuesday and did a word play on Fox's own motto: fair and balanced. He said that the Fairness Doctrine would bring fairness and balance to the AM dial, balancing conservative shows with liberal ones.

Let's be frank.

Liberal talk shows are money-losing propositions for radio stations, while the conservative ones rake in the cash, and have tremendous staying power. Why should the radio stations be forced into such a money-losing proposition by carrying liberal talk-radio on an equal footing with the conservative ones?

Conservatives are afraid that since liberal shows are money-losers, that they would cut back on conservative shows as well in order to avoid the flak and fines that the FCC would be required to impose, as well as limit the damage to their bottom lines that liberal programming would bring.

Senator Schumer also said that those who opposed the Fairness Doctrine also wanted to limit the amount of pornography on the air. His argument makes no sense from a literal standpoint. Pornography isn't seen on radio.

And he's made no argument for more of a conservative viewpoint on TV news stations, such as CNN, MSNBC, CBS, ABC, or NBC, or more liberal viewpoints on Fox News. Senator Shumer and his friends have targeted radio exclusively. That fact alone makes the Fairness Doctrine unfair.

Fairness Doctrine is Fair in Name Only: It is Legalized Assault on First Amendment

With the Barak Obama/John McCain thing nearly over, Democrats in Congress are turning up the rhetoric to restore the Fairness Doctrine to push conservatives off the AM dial.

It's fair in name only. It will target only conservatives as they hold the lion's share of the market, and will ignore the smaller--and just as provocative--leftists and others who make just as many damning statements on their programs as Limbaugh, Savage and Hannity do.

And with the dawn of the internet, it's also unnecessary.

Liberal programs don't do well on the radio, as the Air America Radio experience showed us. But commentators like Rush Limbaugh rake in the dough because they understand marketing and advertising, which was the primary reason that Air America went under. They didn't follow a conventional business model that Limbaugh and the other successful opposition programs do.

All talk of reinstating the Fairness Doctrine should be shelved permanently.