Fairness No, But Diversity Yes
The Washington Times reports today that, while the Senate came out against revival of the Fairness Doctrine yesterday (good), it also voted that the Federal Communications Commission should promote diversity in media ownership (bad). The latter amendment was offered by Sen. Richard Durbin (D., Ill.), who explained, “When we talk about diversity in media ownership, it relates primarily to gender, race, and other characteristics of that nature.” Trouble is, that’s unconstitutional, too.
And the Supreme Court would likely agree. The Court upheld such discrimination by the FCC in 1990, but overturned that decision in 1995. Also, among the 1990 dissenters was Justice Kennedy (and Justice O’Connor, by the way).