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VERMONT FAIRNESS DOCTRINE LAW
Broadcasting licenses are granted only to serve the "public interest,
convenience, and necessity." 47 U.S.Code §307(c)(1). If any
broadcaster presents any legally qualified candidate on any newscast,
interview, documentary or on-the-spot coverage, the broadcaster must "afford
reasonable opportunity for the discussion of conflicting views on issues
of public importance." 47 U.S.C. §315(a)(4). The broadcaster
"shall have no power of censorship over the material broadcast..."
47 U.S.C. §315(a).
I believe these excerpts summarize the federal fairness doctrine. The
most glaring omission is, of course, that no similar requirements are
imposed on the press or printed media. There are many reasons for the
omission, but suffice it to note that newspapers were protected from government
regulation by the First Amendment: "Congress shall make no law ...
abridging the freedom of speech, or of the press ...' In 1789, there were
no corporate media barons, nor could the drafters reasonably foresee their
rise centuries later.
Unfortunately, Title 47 permits broadcasters to charge candidates at
specified rates for air time, and this has resulted in endless bribery
scandals, most recently with Enron, followed by the passage of the ineffective
McCain-Feingold campaign finance "reform" act. Newsweek (2/25/02)
reported on this with a subtitle: "With Washington on the brink of
historic campaign finance reform, the wise guys are already finding ways
to keep the cash flowing.' Newsweek lists four channels unaffected by
the law: corporate donors can still give $10,000 to state and local party
committees; tax-exempt special-interest groups can still accept large
contributions; big donors can still contribute unlimited amounts to political
conventions; and individuals can give $37,SOO each year to candidates,
parties, and political action committees. Personally, I am deeply offended
that the Congress and the President treat those unable to shell out $37,500
a year in bribes as chumps or blockheads. Far from ending the voters'
contempt for the system's corruption, I expect this law will turn off
even more people from registering or voting.
I would like to propose a remedy to the Vermont legislature: pass a Vermont
Fairness Doctrine Act. It should provide equal media time/space for all
candidates for each office. If a print or broadcast media runs information
on any candidate, paid or not, all competing candidates must be entitled
by law to free equal time or space, to level the playing field and to
eliminate bribery. I believe the media owe us this public service for
their public franchise, based on the Congressional intent in 47 U.S.C.§307.
The proposed act should offer the media two choices: they can refuse candidate
ads and avoid the obligation to provide free equal time/space. Or they
can charge the first advertiser a multiple to cover for the others. If
a display ad used to cost $100 and there are 5 candidates, the first candidate
pays $500 and the next 4 publish free. Once the nation is onto the evils
of bribocracy, I have no doubt they will support "equal time"
as no evil at all. But what about the First Amendment free press guarantee?
I do not think the bribocrats can survive a Supreme Court challenge if
there is solid support for equal time/space. The Supreme Court's ruling
supporting one-person-one-vote logically requires a level playing field,
not enabling the rich to buy the office for their candidate and then buy
their candidate's vote on specific issues.
The proposed Fairness Doctrine law should also provide mandatory pooling
of all campaign financing for each office to level the playing field,
so that no candidate can win because of big bribes now called support,
donations, contributions, hard & soft money, etc. The U.S. criminal
code (18 §201(b)) provides fines of "three times the monetary
equivalent of the thing of value" for political bribery. Buying a
Representative his office paying $150,000 for 2 years comes to $900,000
and this should finance election pools. This money will dry up when bribery
ends. We don't need campaign finance reform; we need to enforce the antibribery
criminal code, and the proposed Vermont law should track these sentencing
guidelines.
Lastly, we need an Anti-Bribery Commission (ABC) dedicated to the enforcement
of the proposed Fairness Doctrine law, and it should be fine financed,
to insure that candidates run on a level field and all voters, not just
the fatcats, select and elect candidates and decide the political issues.
The proposed ABC should be empowered to prosecute all violators and the
burden of proof shared as follows: ABC must prove that money changed hands,
and the bribers and bribees must convince a unanimous jury of 12 that
there was no bribery and no corrupt intent.
Last but not least, if the above is enacted, we need no public financing
or campaign finance grants which are a drain on the State and the taxpayers,
and have generated controversy recently. If the proposed law is successful,
can a Federal Fairness Doctrine Act and ABC be far behind?
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