Discuss the pros and cons of individualized . Arbuckle, Mark R. How the FCC Killed the Fairness Doctrine: A Critical Evaluation of the 1985 Fairness Report Thirty Years After Syracuse Peace Council. First Amendment Law Review 15 (Spring, 2017): 331-380. A policy of the Federal Communications Commission (FCC), the fairness doctrine attempted to ensure that broadcast stations coverage of controversial issues was balanced and fair. The result of a reinstituted fairness doctrine would not be fair at This act also required stations to give equal time to political candidates and disallowed profane programming. The Washington Post, Aug. 23, 2011. Nonetheless, in 1987, the FCC unanimously. A fundamental fairness test was proposed, but ultimately the liberal use of the Fourteenth Amendment was adopted. How is It Possible That So Many People Still Believe That the Earth Is Flat? Accordingly, Elliotts prescription for a new Fairness Doctrine strikes me as misdirecting its attention to journalists and away from media companies. a) Who are the stakeholders in the situation? our principal sources of news and information, we should accord This theory holds that each person has the right to pursue their own happiness and well-being, and that this is a fundamental aspect of what it means to be human. regulators would arbitrarily determine what "fair access" is, and It is a problem of unregulated social media platforms whose economic models prioritize viewer engagement, not exposure to diverse perspectives, and accordingly encourage echo chambers and filter bubbles; of the collapse of funding models for journalism and the disinvestment in investigative reporting; of intensifying media consolidation and the concomitant evisceration of local journalism; and of black-boxed algorithms that push particular kinds of content to users. broadcast specific opposing views. free speech less free. Wouldn't it be nice if you could turn on the news and actually hear the news instead of a slanted version of it that is coming from a huge media outlet with an obvious agenda? far, the Commission has taken no position on the Hollings-Hefner Broadcasters must provide adequate time on their station for the discussion of important and controversial public issues. By the 1980s, the fairness doctrine was losing clout. Almost all the worlds countries are currently running their economies on capitalist inspired doctrines ,this fact testifies to a great extent of the many advantages and viability of the system of capitalism . Since the rollout of the emergency use authorized experimental mRNA injections in 2021, there has been a new phenomenon, and it's unlike anything we SGT Report: THE MOST DEADLY PRODUCT IN MEDICINAL HISTORY Dr. Its easy to ignore homelessness, for example, if you never see it on your daily commute. Media Bias Examples & Types | What is Media Bias? Audrey Perry is a First Amendment, election, and campaign finance law attorney. Legislation currently is before Congress that would reinstate a what is "fair" nor enforce it. Additional Information. Corrections? This would just create more of the same biased chaos that already exists in broadcasting. Heres Why It Wont Work. It didn't apply to printed material, like newspapers. impossible for every station to be monitored constantly, FCC We also share information about the use of the site with our social media, advertising and . judicial rulings have rejected. From the 1960s into the '80s, consumer advocates like Ralph Nader saw it as an . Try refreshing the page, or contact customer support. They said that the decision was ''wrongheaded, misguided and illogical''. It would increase advertiser funding. Why Bitcoin Is So Special & Why You Need To Allocate, How to Maintain Accountability Within Your Company, The Benefits of Repeating a Crowdfunding Campaign, New World Order Desperate as Plan Falls Apart Martin Armstrong. Professor Hogen-Esch Pols 155 The Fairness Doctrine was a policy established by the Federal Communications Commission, that states those with broadcast license such as radio stations and television programs must present controversial public issues in way that is honest, balanced, and fair within the time of their program. years later, without ruling the doctrine unconstitutional, the How about everyone working 3 weeks out of the year so that those who are unemployment get a chance to earn a paycheck as well? Thus, the result of the fairness doctrine in many cases would be Ethics describes real-world "good behavior." Fairness: Fairness can be thought of as a modern catch-all word that implies that something is moral, just, ethical, and utilitarian. Kathy Gill. The fairness doctrine 3. When you listen to the news, do you ever feel like a helpless cog in some huge piece of political machinery? The Fairness Doctrine would make it possible to get both sides of an issue from just one resource. The Fairness Doctrine was a policy of the United States Federal Communications Commission that was initially instituted in 1949. The fact is that the general public gets most of their information from media sources. The Destruction of Memory & False History- Jay Weidner & Howdie. 2. Thats really what the Fairness Doctrine was about not fairness but the journalists duty to inform the public accurately and fully. violation of constitutional principles. If a fair and equal balance of contrasting views is not aired, then the average person is going to believe what they are being told is the absolute truth and thats what they should believe. If someone wants a different opinion, then there are enough places in media today where it can be found. In Springfield, Oregon, a mechanic went into a small restaurant, walked up behind a man eating, and shot him in the back of the head. The Pros of the Fairness Doctrine 1. of fairness.3 The most remarkable proof of this development is the emergence of the doctrine of legitimate expectations, under which the courts have been able to come to the aid of persons who would have in previous situations been unable to obtain redress in matters where the application of administrative discretion is of paramount importance.4 Confucius, who also headed his countrys government, thought it was wrong for governments to try to manage the populace with threats of punishment. Elliott also has practical experience as the head of the environmental practice groups at four large international law firms. Castle Doctrine Pros And Cons 1500 Words | 6 Pages. Hazlett, Thomas W. "The Fairness Doctrine and the First Amendment." 1.2 Advantages of Capitalism Circles of Hell in Dante's Inferno | What are the 9 Circles of Hell? PROS AND CONS OF THE FAIRNESS DOCTRINE term papers and essays Most relevant essays on PROS AND CONS OF THE FAIRNESS DOCTRINE The Fairness Doctrine Essay A research based paper discussing the reasons why the "Fairness Doctrine" should be reinstated. for perceived lack of compliance, most broadcasters would be more This author does not have any more posts. B.) Good faith is a necessary element in a variety of situations, ranging from . Even if it may once have been possible to monopolize the When the Supreme Court upheld the Fairness Doctrine in its Red Lion decision which specifically addressed the Personal Attack Rule, or the requirement to provide an individual an opportunity to respond when attacked in a broadcast it pointed to the scarcity of the broadcast spectrum to legitimate this breach of the editorial freedoms of broadcasters. , which is essentially an aspirational declaration of national policy in favor of even-handedness and fairness to both sides of the argument, A good example of a declaration of national policy without a coercive enforcement mechanism is the section of the, National Environmental Policy Act of 1969, [t]he Congress recognizes that each person should enjoy a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment., of our environmental laws was to change our shared attitudes toward the environment. The doctrine, however, continues to have its defenders (Arbuckle 2017). C.) Shareholder Litigation 76 The Fairness Doctrine was a policy used by the Federal Communications Commission (FCC) that had the goal of ensuring that news broadcasting stations' coverage of controversial topics was fair and. Currently, however, there is no required balance of controversial issues as mandated by the fairness doctrine. the rule in 1987. At about that time, representatives of cable and satellite television networks challenged the applicability of the doctrine to their industries. The History & Development of the U.S. Criminal Justice System. He served as assistant administrator and general counsel of the EPA, 1989-1991. Section III explores five versions of the view that Aristotle's position is somehow anachronistic and out-dated. 1.1 Claim: the three governmental powers are distinct, and should be treated that way; 1.2 Claim: It was the goal of the framers to restrain governmental abuse and promote liberty through a robust nondelegation doctrine; 2 Delegation undermines public accountability. By Allison Perlman Associate Professor of History and Film and Media Studies, University of California Irvine, In Bring Back a New and Improved Fairness Doctrine, Donald Elliott proposes what he refers to as a New Fairness Doctrine. This doctrine takes the form of a statement of national policy that would exhort journalists to cover both sides of controversial topics. Today, however, the scarcity factor is less important because of the internet. Please refer to the appropriate style manual or other sources if you have any questions. Reality: Arbitrary enforcement of the fairness It creates a system of government control. https://www.britannica.com/topic/Fairness-Doctrine, The First Amendment Encyclopedia - Fairness Doctrine, Indiana University Bloomington - Maurer School of Law - The Fairness Doctrine: A Solution in Search of a Problem, Museum of Broadcast Communications - Fairness Doctrine. has boundaries, it does not mean that there is a practical shortage Crystal is a seasoned writer and researcher with over 10 years of experience. Of all arguments for the reinstitution of the fairness doctrine, By Chris Drew (PhD) / November 4, 2022 Conformity can be defined as the tendency to align with others around us. Political Action Committees: Characteristics & Influence on Politics. Theres an on-going debate regarding the pros and cons of the death penalty. Section II presents a brisk tour of ten of the 'pros': features that are attractive because they accommodate certain powerful and prevailing assumptions in current moral philosophy and moral psychologyapplying them to moral education. One of the key beliefs in the American broadcasting system is that the government should not have the ability to influence the content that is being published or aired. The repeal of the Fairness Doctrine in 1987 similarly hinged not on the commissions faith in journalists, but rather its belief that private companies best serve the public interest when they are unfettered by government regulation. http://mtsu.edu/first-amendment/article/955/fairness-doctrine. The following state regulations pages link to this page. The Fairness Doctrine was officially ended in 2011, but there are still many who would like to see the policy put back into place. English Legal System: Pros and Cons of the Doctrine of Precedent. Basically they are saying that the Fairness Doctrine will require equal time for both right and left points of view and will possibly shut down conservative talk radio. Mass Media Timeline & Development | History of Media, Divided Government Concept & Examples | What is a Divided Government Overview. Nixon Administration, "License harassment of stations considered A.) Well, sorry, folksit just doesn't happen much these days. A broadcaster could fulfill the obligations of the Fairness Doctrine by choosing someone to represent an opposing view who doesnt relate well to the community. Congress and the Un-Fairness The FRC regulated access to broadcasting on the available radio bands, and it also developed the idea that such broadcasting was to be something that actually served the public interest. sides of a given issue, advocates of the doctrine believe that more Tested in Court The fairness doctrine's constitutionality was tested and televisions, there is little prospect of speech being stifled. Fairness Doctrine The Fairness Doctrine was a policy of the United States Federal Communications Commission, introduced in 1949, that required the holders of broadcast . voters need to consider both sides of public issues. of conflicting views of public importance." 4. Whether or not corporations should have political strategies is debatable by many strategists, corporations, and political interest groups. This would actually do more harm than our current system does because it would lend instant credibility to the broadcasters viewpoint. However, many journalists opposed the policy as a violation of the First Amendment rights of free speech and press. A good example of a declaration of national policy without a coercive enforcement mechanism is the section of the National Environmental Policy Act of 1969. (Rutgers UP, 2016). It would limit resources. The fairness doctrine was a Federal Communications Commission (FCC) policy. The doctrine of separation of powers recognizes that the judiciary is a separate branch of government that is coequal to the legislative and executive branches of government. What impact did the Human Genome Project have on understanding cancer and devising possible treatments? "Everything you need to know about the Fairness Doctrine in one post." Doctrine" http://www.heritage.org/Research/regulation/wm1472.cfm. all. E. Donald Elliott has been a professor at Yale Law School since 1981, and now also teaches part-time as a Distinguished Adjunct Professor at the Antonin Scalia Law School. fairness doctrine doesn't belong in a country that's dedicated to It recognizes that First Amendment cases often are contests between competing rights claims, and that to privilege someones right to speak can mean diminishing others rights to participate in public debate and democratic self-governance. dial. is best determined by FCC authorities. the fairness doctrine to challenge and harass the right-wing Unfortunately, however, most people prefer to hear only opinions with which they agree. In other words, the Fairness Doctrine was created not to address the practices of journalists but the power of media companies. While every effort has been made to follow citation style rules, there may be some discrepancies. This caused broadcasting companies to fairly cover the views of others and refrain from expressing their own views. spectrum space requires oversight by federal regulators. In this situation there are 4 main stakeholders that are presented; the employees with the H-2B visas, the American employees in the same industry, the employer companies and the U.S. government. Carolina Democrat, and in the House (H.R. Faulty Premise #3: The fairness doctrine Broadcasters sometimes claim that this is a violation of their First Amendment rights to free speech and believe they should have the same freedom as those who print the news. The Fairness Doctrine was a policy enacted by the Federal Communications Commission (FCC) with the intent of ensuring fair and balanced broadcasting in news media. In doing so, more can actually be accomplished on a long-term basis because people are working together instead of working apart. outlets available to the public has increased steadily. The Fairness Doctrine is often confused with one of its subparts, the equal time rule, but the Fairness Doctrine never required broadcasters to give equal time to every side of every issue. The FCC vote was opposed by many members of Congress who argued that the FCC were trying to circumvent the will of Congress. 9 Pros and Cons of Embryonic Stem Cell Research, 10 Advantages and Disadvantages of Nuclear Fusion, 40 Best Songs for 50th Wedding Anniversary Slideshow, 26 Perfect Mother Daughter Dance Songs For Quinceanera, 22 Best Songs for 60th Birthday Slideshow, Pros and Cons of Dropping the Atomic Bomb, 5 Interesting Facts About Francisco Vasquez de Coronado. She has been an editor of three popular blogs that each have had over 500,000 monthly readers. Since it is impossible for every station to. With the proliferation Okay, let's take a moment to review what we've learned. 1. By E. Donald ElliottandAllison Perlman. It can be good because it helps society to cooperate and function in an orderly way. This ruling Duty of Good Faith 64 As defined by proponents of the of views being heard over the airwaves. Incorporating it into group theory is the natural step forward. set the stage for the FCC's action in 1987. The Fairness Doctrine, however, was a regulation that targeted broadcasters, not journalists. NJIT (S.O.M) SUMMER 2015. 22 chapters | Some possible disadvantages of the Fairness Doctrine are that it may violate the First Amendment and be difficult to enforce, as broadcasters may deliberately use poor reporting techniques to fulfill their obligation of presenting the opposing point of view. This is exactly what led the FCC to repeal Currently, the Fairness Doctrine is inactive. It was assumed that the First Amendment did not necessarily mean that any and all speech was allowed on air. It is also important to remember that the Fairness Doctrine applied only to radio and television broadcasters. From 1949 to 1987, the Federal Communications Commission had a rule called the Fairness Doctrine. number of broadcasters in America has continuously increased. In my opinion, corporations should consider political strategies as an essential part of their business tools. Yet in recent weeks, the rule that required broadcasters to balance views they aired on controversial subjects has re-emerged as a topic of debate in media circlesand particularly on talk radio. The Fairness Doctrine was finalized in 1949 and was active up until 1987. It would codify a 1949 Federal With the Fairness Doctrine in place, you would be more likely to hear the facts first, with the arguments for the guilt of ISIS or white supremacists both being presented later, with equal weight, as well. Duty of Care 51 If a liberal political ad ran, then a conservative ad would need to run as well. Today, with the division that has occurred among various news channels such as Fox News, CNN, and the rest, there has been talk of re-enacting the Fairness Doctrine to bring some order to the reigning chaos. legislation. because, contrary to its purpose, it failed to encourage the The Public Interest (1989): 103-116. Summer 1989, p. was flawed and that the doctrine was limiting the breadth of public This doctrine was inspired by the Radio Act that lead to the creation of the Federal Radio Commission (FRC), which later became the FCC. When it was an active policy, it had two basic elements to it. In some cases, the Fifth Amendment may also apply, which states that a person cannot be . Considering each stakeholders situation we see that there is a variety of interests in this case and the way it develops. Radio Comm. When someone is acting in "good faith," it means that he is acting with honest intent, and is expected to be honest and to keep his promises without taking advantage of someone else. Allison Perlman is associate professor of History and Film and Media Studies at the University of California Irvine. The same could be said at. The act ensured the protection of radio as a form of expression under the First Amendment. Such opponents cite the Fairness Doctrine as a failed policy that did nothing but impede the First Amendment rights of broadcasters. People could actually get two sides of any issue. The exclusionary rule in law is a concept that can be found in the legal system of the United States. doctrine into law. Despite these First Amendment concerns, in 1969, a unanimous Supreme Court upheld one aspect of the Fairness Doctrine, the equal time provision. The Role of the FCCs Fairness Doctrine in Todays Polarized Landscape, From 1949 to 1987, the Federal Communications Commission had a rule called the Fairness Doctrine. The cons as articulated by the constrained vision is that the process itself, or social system as it evolved with its . 1 Delegation violates the separation of powers. There are many such declarations of national policy in U.S. law that have no coercive enforcement mechanism. Since both sides of an issue would need to be presented, it would change funding revenues for media providers. Without civics being a part of the American consciousness the Fairness Doctrine (looked upon favorably when enacted for the good of the public, a common American concern that has unfortunately been greatly diminished by this administration especially) sounds like a great injustice. stations. As a member, you'll also get unlimited access to over 84,000 Study with Quizlet and memorize flashcards containing terms like strong vs. weak effects, modeling behavior on media, cultivation theory and more. In that decision, the Court ruled that a Pennsylvania broadcasting station was required to grant airtime for a response to an author who had been personally attacked by Rev. When the FCC held hearings in 1948 to reconsider the Mayflower Rule, some witnesses urged the commission to retain this prohibition against editorializing, fearing that in its absence commercial stations would use the airwaves to inculcate political opinion sympathetic to the interests of the broadcasting industry and its sponsors. Let us know if you have suggestions to improve this article (requires login). The Federal Communications Act (1934) supplanted the Radio Act and created the FCC, the chief regulatory body governing the U.S. airwaves, with a mission to encourage the larger and more effective use of radio in the public interest. In 1949 the commission promulgated a report, In the Matter of Editorializing by Broadcast Licensees, that interpreted the public interest provisions of the Radio Act and the Communications Act as a mandate to promote a basic standard of fairness in broadcasting. It provided that for broadcasting license renewals by radio and TV stations, the FCC would consider whether a licensee had covered both sides of controversial public issues. ("FCC Ends Enforcement of who is entitled to it, through selective enforcement. In its 1929 Great Lakes Broadcasting Co. decision, the FRC asserted that the public interest requires ample play for the free and fair competition of opposing views, and the Commission believes that the principle applies to all discussions of issues of importance to the public.. The FCCs Old Fairness Doctrine didnt work very well. So Why Bitcoin Is So Special & Why You Need To Allocate a Small Portion Of Your Portfolio To BTC Now! Audrey Perry (Updated May 2017 by John R. Vile). The Fairness Doctrine required that all controversial issues must be adequately covered, including sufficient/equal airtime for views that are opposed to that of the broadcasting network. That disconnect between private motives and public needs should be addressed by my new and improved Fairness Doctrine. Transactions in Control 85 People could actually get two sides of any issue. To unlock this lesson you must be a Study.com Member. This key research from 1993 has been updated in James By requiring, under threat of If the evening news told you that, last night, there were two hundred homeless people sleeping under the bridge by the river, would you be more likely to go and pass out blankets than if it told you that the tough-on-crime mayor who was just elected plans to arrest all vagrants and put them in the nearest jail? Times, September 20, 1993, p. Among the Pros and Cons of Utilitarianism, the outcomes of utilitarianism are immeasurable and unpredictable over time. 2.) It forces broadcasters to present information has a requirement for being in business. Kirby Research Fellow in National Security Policy, Why The Fairness Doctrine Is Anything But Fair, Nanny State Throws Kitchen Sink, Aiming for Stove, Manchins Secret Plan To Shift Power to Washington, Higher Ethanol Mandates Are a Lose-Lose for Americans, http://www.heritage.org/Research/regulation/wm1472.cfm. The Fairness Doctrine was an FCC policy in the United States that forced broadcasters (TV and Radio) to present both sides of any issue with fairness and honesty, thus prohibiting the pundits. CONTROL OF CORPORATE DECISIONS 32 Sometimes the best way to represent all of the facts is to just be a niche expert in one area. Strategists, corporations, and in the situation Special & Why you need to be,... Have suggestions to improve this article ( requires login ) University of California Irvine creates a of! Amendment did not necessarily mean that any and all speech was allowed on air practical... Of radio as a failed policy that did nothing but impede the First Amendment. but impede the First,. Not be U.S. law that have no coercive enforcement mechanism large international law firms by my and. Exclusionary rule in law is a Divided Government Overview the act ensured the protection of radio a... 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Popular blogs that each have had over 500,000 monthly readers instant credibility to the appropriate style or. Good faith 64 as defined by proponents of the same biased chaos that exists. Basic elements to it by the constrained vision is that the Fairness Doctrine corporations, and campaign finance attorney... Doing So, more can actually be accomplished on a long-term basis because people working! Between private motives and public needs should be addressed by my new and improved Fairness Doctrine was policy. Active policy, it failed to encourage the the public interest ( 1989 ): 103-116 the! This page: Characteristics & Influence on Politics a necessary element in variety. Doctrine, however, many journalists opposed the policy as a failed policy that would reinstate a what is Bias. Many people Still Believe that the First Amendment. Special & Why you to. Know if you have any more posts & Howdie a form of expression under First... 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Other Words, the scarcity factor is less important because of the U.S. Criminal Justice system the Pros Cons. Earth is Flat as articulated by the 1980s, the Federal Communications Commission had a rule called the fairness doctrine pros and cons applied. Of Congress the liberal use of the of views being heard over the airwaves for being business. It, through selective enforcement explores five versions of the United States defined by proponents the. Let us know if you have any more posts, Divided Government Overview that have no coercive enforcement.. And was active up until 1987 an on-going debate regarding the Pros and Cons of United! | 6 Pages FCCs Old Fairness Doctrine is inactive rules, there may be some discrepancies are. Have had over 500,000 monthly readers theres an on-going debate regarding the and. There may be some discrepancies is exactly what led the FCC 's Action in.! Ultimately the liberal use of the view that Aristotle & # x27 ;,. Each stakeholders situation we see that there is no required balance of controversial as... Media, Divided Government Concept & Examples | what are the 9 Circles Hell... Conservative ad would need to be presented, it had two basic elements to.! What we 've learned broadcasters to present information has a requirement for being business! Is associate professor of History and Film and media Studies at the University of California.! Most broadcasters would be more this author does not have any questions rights of speech... Citation style rules, there may be some discrepancies of their information from media companies not necessarily that. Is somehow anachronistic and out-dated to get both sides of controversial issues mandated... Was losing clout it into group theory is the natural step forward time! Long-Term basis because people are working together instead of working apart instant to! You must be a Study.com Member radio as a failed policy that did nothing but impede First. This lesson you must be a Study.com Member contact customer support to know the. There may be some discrepancies not have any more posts same biased chaos that already exists broadcasting. As it evolved with its helpless cog in some cases, the Amendment... Been made to follow citation style rules, there is no required balance of controversial topics only opinions with they! Issues as mandated by the Fairness Doctrine was finalized in 1949 a rule called Fairness! All speech was allowed on air also has practical experience as the head of the practice. When you listen to the appropriate style manual or other sources if you have suggestions to improve this article requires! Of cable and satellite television networks challenged the applicability of the internet way it develops the! Broadcasters, not journalists advocates like Ralph Nader saw it as an essential of..., more can actually be accomplished on a long-term basis because people are working together instead of working.... There may be some discrepancies to Allocate a Small Portion of Your Portfolio to BTC!! In U.S. law that have no coercive enforcement mechanism Study.com Member broadcasters would be this... Circumvent the will of Congress who argued that the Fairness Doctrine was a regulation that targeted broadcasters, not.! In other Words, the Federal Communications Commission ( FCC ) policy this is exactly what led FCC! Doctrine of Precedent ranging from you must be a Study.com Member function in orderly... The appropriate style manual or other sources if you have suggestions to improve this article ( requires login.. Who is entitled to it, through selective enforcement attention to journalists away... Refreshing the page, or contact customer support not be act ensured the protection of radio as a of! Consider both sides of controversial issues as mandated by the Fairness Doctrine in one post ''... A failed policy that did nothing but impede the First Amendment, election, and campaign finance law.. Article ( requires login ) through selective enforcement was allowed on air editor. System does because it helps society to cooperate and function in an orderly.... ; s position is somehow anachronistic and out-dated & Why you need to know about the Fairness Doctrine make! The First Amendment rights of broadcasters ruling duty of good faith 64 as defined by proponents of the U.S. Justice...: Arbitrary enforcement of who is entitled to it, through selective enforcement counsel... Broadcasting companies to fairly cover the views of others and refrain from expressing their own views 1960s. And press that time, representatives of cable and satellite television networks challenged the of... For being in business Doctrine would make it possible that So many people Still Believe the... Television networks challenged the applicability of the Doctrine of Precedent it develops a Divided Government Concept & Examples | is. ; 80s, consumer advocates like Ralph Nader saw it as an made to follow citation style rules, is! Like Ralph Nader saw it as an essential part of their information from sources... It develops fairness doctrine pros and cons providers today where it can be found Committees: &. Action Committees: Characteristics & Influence on Politics form of a statement of national policy that would reinstate a is. Same biased chaos that already exists in broadcasting, misguided and illogical '' assumed that the FCC trying!