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Was the Fairness Doctrine a "Chilling Effect"? Evidence from the Postderegulation Radio Market

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  • Hazlett, Thomas W
  • Sosa, David W

Abstract

The stated rationale for the Fairness Doctrine was to encourage more information to be aired by radio and TV stations, on the theory that private broadcasters would tend to underprovide a public good-news about important social issues. Yet, the danger has been seen, at the U.S. Supreme Court, the Federal Communications Commision, and elsewhere, that there exists a potentially unconstitutional "chilling effect": the prospect of having to award equal (unpaid) time to dissenting points of view institutes a tax on controversial speech. In that the Doctrine was abolished in 1987, the radio market now allows us to observe licensees' unregulated choices in selecting the profit-maximizing quantity of informational programming. Industry data show a clear break in the trend around 1987, when informational formats began rising relative to others-evidence suggesting just the "chilling effect" feared by the Supreme Court. Copyright 1997 by the University of Chicago.

Suggested Citation

  • Hazlett, Thomas W & Sosa, David W, 1997. "Was the Fairness Doctrine a "Chilling Effect"? Evidence from the Postderegulation Radio Market," The Journal of Legal Studies, University of Chicago Press, vol. 26(1), pages 279-301, January.
    • Handle: RePEc:ucp:jlstud:v:26:y:1997:i:1:p:279-301
    DOI: 10.1086/467996
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    Cited by:

    1. Hazlett, Thomas W, 1998. "Assigning Property Rights to Radio Spectrum Users: Why Did FCC License Auctions Take 67 Years?," Journal of Law and Economics, University of Chicago Press, vol. 41(2), pages 529-575, October.

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