February 20, 2009

Rush Throws Down

What's it going to be, Mr. President?

Limbaugh's open letter to Obama on the Fairness Doctrine and its stalking horses. Excerpting a very good op-ed...

I have a straightforward question, which I hope you will answer in a straightforward way: Is it your intention to censor talk radio through a variety of contrivances, such as "local content," "diversity of ownership," and "public interest" rules -- all of which are designed to appeal to populist sentiments but, as you know, are the death knell of talk radio and the AM band?

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As a former president of the Harvard Law Review and a professor at the University of Chicago Law School, you are more familiar than most with the purpose of the Bill of Rights: to protect the citizen from the possible excesses of the federal government. The First Amendment says, in part, that "Congress shall make no law abridging the freedom of speech, or of the press." The government is explicitly prohibited from playing a role in refereeing among those who speak or seek to speak. We are, after all, dealing with political speech -- which, as the Framers understood, cannot be left to the government to police.

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Mr. President, we both know that this new effort at regulating speech is not about diversity but conformity. It should be rejected. You've said you're against reinstating the Fairness Doctrine, but you've not made it clear where you stand on possible regulatory efforts to impose so-called local content, diversity-of-ownership, and public-interest rules that your FCC could issue.

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The fact that the federal government issues broadcast licenses, the original purpose of which was to regulate radio signals, ought not become an excuse to destroy one of the most accessible and popular marketplaces of expression. The AM broadcast spectrum cannot honestly be considered a "scarce" resource. So as the temporary custodian of your office, you should agree that the Constitution is more important than scoring transient political victories, even when couched in the language of public interest.

We in talk radio await your answer. What will it be? Government-imposed censorship disguised as "fairness" and "balance"? Or will the arena of ideas remain a free market?

Posted by dan at February 20, 2009 12:48 AM