Mini-Fairness Doctrine and Hate Crimes Language in DOD Authorization Bill
It appears that the Department of Defense (DOD) Authorization Bill FY05 (H.R. 4200/S. 2400) that passed both Houses of Congress earlier this summer is expected to have a major overhaul in conference committee, where the House and Senate bills are synthesized. The Senate version of this legislation has two amendments that must be removed from the final version of the bill. They are: 1) Hate crimes language added by Sen. Gordon Smith (R-OR) and 2) a mini "Fairness Doctrine" added by Sen. Tom Harkin (D-IA).
The hates crimes language can easily become a tangible violation of a broadcaster's First Amendment right of free speech. Such legislation could be used to deter ministers of the Gospel from fully proclaiming the message of Jesus Christ from the pulpit. For instance, stating that homosexuality or any other immoral life style is a sin is viewed by many as hate speech that could lead to allegations of hate crimes.
The mini "Fairness Doctrine" was added by Sen. Tom Harkin. In this amendment, Harkin attempts to re-instate the Fairness Doctrine, applicable only to the Armed Forces Radio & Television Service. However, having a so-called fairness doctrine in any setting is unacceptable. Not only is it a violation of First Amendment protections, but it also removes programming that the audience wants to hear, such as a Rush Limbaugh, Sean Hannity, Dr. Laura, their liberal counterparts or any one of our Christian programs. Also, a full-blown version of the "Fairness Doctrine" could force a Christian talk show to have guests on that oppose the Gospel. Just prior to the elimination of the "Fairness Doctrine" in 1987, then-FCC Chairman Mark Fowler stated that it had "the effect of inhibiting free speech."
NRB feels that the language of both amendments* would be harmful to our broadcasters. We are urging you to take immediate action. Please urge your listeners/viewers to contact the following members of Congress since they are already conferring on this important bill. Kindly ask them to remove both the Smith and Harkin language from the DOD Authorization Bill (H.R. 4200/S. 2400). Calls are urgently needed prior to September 30.
Please find the following contact information, for the members of the committee in your state:
House Armed Services Committee (202) 225-