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Impose a fairness doctrine on academia

The universities are the manufacturing center of the American ruling class, and thus all Americans have a stake and a say in how they conduct themselves.

Harvard University students walk past anti-Israel demonstrators outside Harvard Yard during the class of 2024 graduation ceremony in Cambridge, Mass., on May 23, 2024. Photo by Rick Friedman/AFP via Getty Images.
Harvard University students walk past anti-Israel demonstrators outside Harvard Yard during the class of 2024 graduation ceremony in Cambridge, Mass., on May 23, 2024. Photo by Rick Friedman/AFP via Getty Images.
Benjamin Kerstein
Benjamin Kerstein is a writer and editor living in Tel Aviv. Read more of his work on Substack at No Delusions, No Despair. Purchase his books here.

One of the most pressing questions facing the United States, and especially the American Jewish community, is what should be done about academia.

The issue has become a lightning rod because of the eruption of genocidal antisemitism and anti-Americanism on campus in the wake of Hamas’s Oct. 7 massacre. This renewed neo-Nazism, spearheaded by the Red-Green Alliance between progressive leftists and Islamic supremacists, revealed something decidedly ugly: American academia has become little more than a totalitarian state, a dictatorship of the professoriate determined to impose its radical leftist ideology not only on students but the entire nation. And this regime has now collapsed into the inevitable nadir of all totalitarian regimes—antisemitism. It is, in other words, an existential threat to the most basic values of the republic.

It is particularly disturbing because these institutions are the manufacturing center of the American ruling class. For reason alone, something clearly has to be done.

The question is: what? There are numerous possibilities, but the best solution has yet to be mentioned: the imposition of a “fairness doctrine” on academia.

The fairness doctrine was a policy applied to media outlets by the Federal Communications Commission (FCC) for much of the 20th century. Put simply, it required media outlets to present diverse views on any issue of public interest or controversy.

In 1949, the FCC formalized the doctrine via a report on “editorializing by broadcast licensees.” In it, the agency based its decision on the “relationship” between the private interests of those who own media outlets and the public interest in open debate and a fully informed citizenry.

The report stated: “One important aspect of this relationship, we believe, results from the fact that the needs and interests of the general public with respect to programs devoted to new commentary and opinion can only be satisfied by making available to them for their consideration and acceptance or rejection, of varying and conflicting views held by responsible elements of the community. And it is in the light of these basic concepts that the problems of insuring fairness in the presentation of news and opinion and the place in such a picture of any expression of the views of the station licensee as such must be considered.”

“If, as we believe to be the case, the public interest is best served in a democracy through the ability of the people to hear expositions of the various positions taken by responsible groups and individuals on particular topics and to choose between them, it is evident that broadcast licensees have an affirmative duty generally to encourage and implement the broadcast of all sides of controversial public issues over their facilities, over and beyond their obligation to make available on demand opportunities for the expression of opposing views,” the FCC held.

The fairness doctrine lasted until the late 1980s when it was finally done away with by the Reagan administration. Nonetheless, left-wing activists and politicians have consistently demanded its reinstatement, seeing it as a weapon against right-wing media outlets, particularly talk radio. Thus far, they have failed in their efforts.

The basis for imposing such a doctrine on academia should be obvious. First, the FCC’s justification for it clearly applies to the universities.

Whenever it is criticized, the professoriate regime always resorts to the “academic freedom” argument, holding that any curbs on its power amount to suppression of the right to free expression. But this claim is based on a fundamental distortion of the role of academia.

These institutions do not exist in a vacuum; as noted, they are the manufacturing center of the American ruling class. And so, they have a massive impact on the lives of every American. All Americans thus have a stake and a say in how academia conducts itself. The universities are institutions with social responsibilities that are obligated to act in the public interest. If they do not fulfill these responsibilities—and they won’t—then the public has the right to take measures to change those institutions.

Moreover, the implementation of a fairness doctrine would be a simple matter: For example, when a leftist professor or administrator is hired, a conservative professor or administrator must be hired next. When a left-wing teach-in is held, a right-wing speaker must be invited to speak at it. When a protest or demonstration takes place, opponents of it must be given the resources necessary to hold their own event. If campus media outlets opine on an important issue, solicitation of a response must be mandatory. When academic publications advocate a specific ideology, they must give equal space to a rebuttal.

A fairness doctrine would have a distinctly positive effect on campus. First, it would neutralize the professoriate regime’s strongest weapon: the imposition of an intellectual blockade on students, denying them the opportunity to hear any opposing point of view. It would foster genuine diversity of thought and tamp down campus tensions by forcing students to entertain, rather than demonize, opposing ideas. It would restore some measure of integrity to faculty and administration because each side of the ideological divide would automatically become a check on the power of their opponents.

The professoriate regime will oppose a fairness doctrine with everything it has. Nonetheless, it will almost certainly fail because it has already conceded the argument. As a cabal of progressive leftists, it has consistently advocated for the reimposition of the fairness doctrine on the media. It can hardly complain when the same is demanded of itself.

This will be a supreme irony, but a welcome one. It might even save the republic from the cancer it has allowed to fester in its own ruling class for far too long.

The opinions and facts presented in this article are those of the author, and neither JNS nor its partners assume any responsibility for them.
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