Rules Without a Home: FCC Enforcement of the Personal Attack and Political Editorial Rules

Abstract

The Federal Communications Commission developed and codified the personal attack and political editorial rules in the 1960s to help ensure licensee fairness to issues, listeners and candidates. After almost 20 years of litigation, the broadcast industry and the courts forced the FCC to repeal the rules in October 2000. This article analyzes cases arising from complaints under the rules since the FCC codified them in 1967. The study concludes that first, most rulings in attack cases have been based on defunct fairness doctrine standards of whether the issue discussed during the attack is important or controversial. Second, the cases lend some support to the conclusion that political editorial rulings against broadcasters may generally discourage political speech, rather than promote it. The findings are meant to inform possible future debates over reinstating the rules.