Right wing radio and the conservative blogosphere has been nearly apoplectic since the majority/minority flip in Washington over the possible reapparence of the fairness doctrine. Even an oblique mention by Senator Debbie Stabenow (D-MI) set off right wing blogger Ericka Anderson at Town Hall. Anderson is smart enough not to raise the First Amendment in her argument, but that subject shows up pretty quickly in the comments, no doubt because Sean Hannity’s favorite rant is how he’s going to be imminently unconstitutionally muzzled.
Even Mark P. Mays of Clear Channel fame raised a first amendment issue when he defended Rush Limbaugh’s “Phony Soldiers” gaffe:
While I do not agree with everything Mr. Limbaugh says on every topic, I do believe that he, along with every American, has the right to voice his or her opinion in the manner they choose. The First Amendment gives every American the right to voice his or her opinion, no matter how unpopular. That right is one that I am sure you agree must be cherished and protected.

Fairness Doctrine in full battle array!
At least four Supreme Court decisions since Brinkley v. FRC conclude broadcasting is not covered by the first amendment. Limbaugh has no constitutional right of several hundred thousand watts of force behind his words.
Those who would least like the first amendment to apply to broadcasting are Hannity’s bosses at the Citadel/ABC stations like WABC, and the folks at Clear Channel that air so much of him. For if they truly believe that “Congress shall make no law” restricting freedom of speech, and that freedom applies to radio, then they have a very serious problem in South Florida.
We’re famous for our pirate broadcasters. Right now, there’s a Creole station broadcasting without benefit of government license just a few miles away from where I write this. The problem is so critical that the broadcasters got the state of Florida to pass a law so that local gendarmes could arrest pirate broadcasters and confiscate their equipment. So when the FCC is too busy with more important things like Bono’s intemperate mouth and Janet Jackson’s pouty breast to enforce those “unconstitutional” laws they now have a Plan B.
If its true that Congress can make no law, then I can build a transmitter so big that it blows the local Clear Channel station all the way to Bermuda, but instead of calling to have me arrested and my transmitter taken away, they can join me in pointing to the first amendment. But of course, they’d be the last folks to do that. Because in fact they really love that Congress has made the laws that empower the Federal Communications Commission. Its what puts them in business and keeps the competition so limited that they can buy most of it.
So why is the right trying something so transparent? Does Hannity really believe the crap he’s spewing or does he think his audience is stupid? I think they see it as a win-win. Since the Obama administration has clearly signaled they don’t want the Fairness Doctrine back, but maybe they might want some more stringent ownership caps, the broadcasters can claim victory over that vicious strawman.
But more Machivellian is the possibility that radio’s future is bleak, and that the folks who have been complaining about how the market should decide what is heard on the radio have actually killed the medium with what they decided to broadcast. Citadel Broadcasting (which bought ABC Radio) is trading at 16 cents a share. Sirius started the day at 8 cents. Like the banks, they overvalued their properties driving out the competition and then watched them crash and burn. But when the folks who can’t see through the Hannity arguments wake up one day and their favorite conservative blowhard is gone from the air, they’ll assume it was the Democrats that got ‘em.