Hastings Communications and Entertainment Law Journal Volume 1 | Number 1 Article 1 1-1-1977 The nfU airness Doctrine - Balance and Response over the Airwaves Steven J. Simmons Follow this and additional works at: https://repository.uchastings.edu/ hastings_comm_ent_law_journal Part of the Communications Law Commons, Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Steven J. Simmons, The Unfairness Doctrine - Balance and Response over the Airwaves, 1 Hastings Comm. & Ent. L.J. 1 (1977). Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol1/iss1/1 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Communications and Entertainment Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact
[email protected]. The "Unfairness Doctrine" - Balance and Response Over the Airwaves By STEVEN J. SIMMONS Assistant Professor, Program in Social Ecology, University of California, Irvine; Visiting Scholar, Boalt Hall School of Law, 1976-77; B.A., Cornell University, 1968; J.D., Harvard University, 1972; Member, California Bar. Introduction T HE SO-CALLED "fairness doctrine" requires television and radio licensees to do two things. Part one of the doctrine obligates broad- cast licensees to devote a reasonable percentage of their programming to controversial issues of public importance. Part two of the doctrine mandates that contrasting viewpoints be aired when such issues are covered.' Under the doctrine, licensees are judged by a reasonableness, good faith standard, and are given wide discretion. As long as a licensee's @ Copyright 1977, Steven J.