Column: Supreme Court Should Overrule Outdated Fairness Doctrine Decision

Supreme Court Should Overrule Outdated Fairness Doctrine Decision

A Supreme Court decision from 1969, known as the 'Red Lion' decision, which established the federal government’s “Fairness Doctrine”, is outdated and should be overturned, according to a professor from George Washington University Law School.

Richard J. Alverson, Professor of Law, wrote in a column for The Regulatory Review, a publication from the University of Pennsylvania Law School, that recent events surrounding the FCC’s approach to controversial comments made by late-night talk show host Jimmy Kimmel illustrate the doctrine's potential for abuse.

The doctrine has the potential for abuse.

The Fairness Doctrine was rescinded under the Reagan Administration, but the 1969 'Red Lion' decision remains.

Author's summary: Overturn the outdated Fairness Doctrine decision.

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TV Tech TV Tech — 2025-10-13