February 19, 2001
Religious broadcasters debate government restrictions
___By Mark Wingfield
___Managing Editor
___DALLAS--Alan Sears believes the federal government wants to give free reign to every imaginable form of obscenity on the nation's broadcast airwaves while restricting the right of religious broadcasters to get their message across.
___Elliott Mincberg, on the other hand, believes religious broadcasters are inconsistent intheir appeal for liberty, wanting privileges for themselves they are not willing to give to others.
TALK SHOW HOST Janet Parshall argues with former Clinton attorney Lanny Davis during a forum on the Fairness Doctrine at the National Religious Broadcasters annual convention in Dallas.
___The two men took opposing sides during a panel discussion on the First Amendment at the annual convention of the National Religious Broadcasters, held in Dallas Feb. 10-13.
___Sears, president and general counsel for the Alliance Defense Fund, joined radio talk show host Janet Parshall in representing the conservative side of the debate. Mincberg, vice president and general counsel for People for the American Way, joined former Clinton attorney Lanny Davis on the liberal side of the debate.
___The 45-minute forum focused mainly on religious broadcasters' fears that the government might reimpose the so-called Fairness Doctrine that was eliminated in 1987 and the fallout over an FCC ruling last year that temporarily decreed religious programming could not be considered educational programming.
___The Fairness Doctrine, which was a staple of American broadcasting for decades until its repeal, required broadcasters to present both sides of political issues. It did not apply specifically to religious issues, but had some overlap if religious broadcasts got into political issues.
___The purpose of the Fairness Doctrine was to ensure that different points of view were heard over the limited number of broadcast outlets available, Mincberg said. "The Fairness Doctrine does not target religion."
___Sears called "fairness" a "code word for control."
___Parshall strongly denounced the fairness requirements as an impediment to free religious expression. For example, during the Monica Lewinsky scandal, the Fairness Doctrine would have required her to give airtime on her talk show to defenders of President Clinton.
___"The Fairness Doctrine is a club used by government to bludgeon religious broadcasters into submission," she declared. And its return is a real threat because such a goal was included in the Democratic Party's platform during the 2000 elections, she added.
___Davis responded that he wasn't so sure the Fairness Doctrine was headed for a comeback. And even if it were reinstated, it wouldn't affect most religious broadcasters, he added.
___Meanwhile, he accused Parshall and Sears of being inconsistent in calling for unfettered use of the airwaves by religious broadcasters while demanding restrictions on other broadcasters they deem to be indecent.
___Sears immediately turned that statement into a discourse against obscenity, asserting that "the First Amendment never was intended to protect obscene material" and that "areas that are not protected by the First Amendment should not try to come under the umbrella of the First Amendment."
___On the question of religious broadcasts qualifying as educational programming--an issue that affects government-mandates to broadcasters and the ability of broadcasters to obtain FCC licenses--Sears insisted the FCC has established a system that works against religious broadcasters getting licenses.
___Parshall argued that the government shouldn't be in the business of restricting anything about the content of religious broadcasts.
___"Licenses come from the government," she reasoned. "I get my drivers' license from the government as well, and the government doesn't tell me where I may drive."
___Mincberg found fault with Parshall's analogy.
___"An infinite number of drivers' licenses can be granted," he said. "But what if only 300 could be granted? Government might put some restriction on them, such as saying you have to give rides to the poor."
___Since only a limited number of broadcast frequencies are available, the government must regulate their usage, he argued.
___Parshall disagreed, claiming that "broadcast spectrum scarcity is a fallacious and moot argument" in the modern era.
___Sears charged again that government discriminates against religious broadcasters in granting licenses. The government's goal, he asserted, is to create a "gospel-free zone."
___Mincberg responded that religious broadcasters should be able to compete equally with other broadcasters for frequencies but should not be given preferential treatment. "Treating religious broadcasters the same as other broadcasters is not unfair," he said.
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