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Profile: Fred Cook
Fred Cook was a participant or observer in the following events:
In a landmark decision, the Supreme Court rules that the Federal Communications Commission (FCC)‘s Fairness Doctrine, which mandates that broadcasters provide opportunities for differing viewpoints to be aired concerning political and social issues (see 1949 and 1959), is constitutional. The case, Red Lion Broadcasting Co. v. FCC, concerns personal attacks alleged by journalist Fred Cook, who says he was vilified on the air by conservative Christian broadcaster Reverend Billy James Hargis. Cook had demanded free air time under the Fairness Doctrine to respond to the attacks. In an 8-0 decision, the Court rules that although similar laws are unconstitutional when applied to the press, radio stations must hew to a different standard because of the limited public airwaves. Justice Byron White, writing for the majority, finds: “A license permits broadcasting, but the licensee has no constitutional right to be the one who holds the license or to monopolize a radio frequency to the exclusion of his fellow citizens. There is nothing in the First Amendment which prevents the government from requiring a licensee to share his frequency with others.… There is no sanctuary in the First Amendment for unlimited private censorship operating in a medium not open to all.… It is the right of the viewers and listeners, not the right of the broadcasters, which is paramount.… It is the purpose of the First Amendment to preserve an uninhibited marketplace of ideas in which truth will ultimately prevail, rather than to countenance monopolization of that market, whether it be by the government itself or a private licensee. It is the right of the public to receive suitable access to social, political, esthetic, moral, and other ideas and experiences which is crucial here. That right may not constitutionally be abridged either by Congress or by the FCC.” White’s ruling warns that if the Fairness Doctrine ever restrains speech, then its constitutionality should be reconsidered. [Red Lion Broadcasting Co., Inc. v. Federal Communications Commission, 6/9/1969; York Daily Record, 5/6/2003; Fairness and Accuracy in Reporting, 2/12/2005]
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