February 16, 2009

(Washington, DC) – The American Center for Law and Justice (ACLJ), focusing on constitutional law, said today it is preparing a litigation strategy should the Fairness Doctrine – or a similar regulatory measure – be brought back to muzzle Christian broadcasting.  The ACLJ also has heard from more than 230,000 people who have signed on to a petition urging members of Congress to support the Broadcaster Freedom Act – a measure introduced into the U.S. House and Senate that will prevent the return of the troubling Fairness Doctrine.  

“There’s a constant drumbeat on Capitol Hill to bring back regulations that would be devastating to Christian broadcasters – regulations that would put the government in control of telling broadcasters what to air,” said Jay Sekulow, Chief Counsel of the ACLJ.  “While we support Congressional action that would prohibit the return of the Fairness Doctrine, we’re formulating our litigation strategy in the event this discriminatory regulation is put in place.  Putting the federal government in control of dictating the content of what’s aired would effectively muzzle Christian broadcasters and is an unconstitutional attempt to stifle free speech.  Whether Congress moves to reinstate the Fairness Doctrine, or if the FCC acts to do so on its own behalf, we will be ready to challenge this in federal court.”

In its legal analysis of the issue, the ACLJ notes that the “recent effort to breathe new life into this antiquated FCC rule is nothing more than a thinly-veiled attempt by some liberal members of Congress to silence the conservatives who oppose them.  Such unconstitutional attempts to stifle free speech must themselves be stifled.”

More than 230,000 Americans have signed on to the ACLJ petition urging members of Congress to support the Broadcaster Freedom Act.   The ACLJ heard from nearly 135,000 Americans last year urging passage of the measure.  And, since the legislation was introduced into the current Congress last month, the ACLJ has heard from some 100,000 who want Congress to pass the Broadcaster Freedom Act.

The ACLJ memo points out that Congress is not the only governmental body that can reinstate the Fairness Doctrine.  The FCC could itself reinstitute the Fairness Doctrine by regulatory fiat.

“We must be prepared on multiple fronts,” said Sekulow.  “We are supporting a legislative remedy to counter a return of the Fairness Doctrine.  But the fact is we need to be ready to go to court without delay should the Fairness Doctrine be reinstituted – either by Congress or the FCC.”

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.