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“Viewpoint Diversity” Conditions as a New Fairness Doctrine

My new article, now out in the George Mason Law Review.

Reason By Eugene Volokh Captured Aug 4, 2026, 12:36 PM
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The Trump Administration has been trying to attach "viewpoint diversity" mandates to federal funding, especially for universities.

This Article analyzes the parallels between these new proposals and a much older one: the Fairness Doctrine.

Lawyers who want to argue in favor of the constitutionality of viewpoint diversity mandates may get some help from Red Lion Broadcasting v.

FCC, which upheld the Fairness Doctrine against constitutional challenge.

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