ABCs of DiversityMMTC says affirmative action decision in Fisher v. University of Texas at Austin could have been worse 7/08/2013 12:01:00 AM Eastern
David Honig, Minority Media & Telecommunications
Council president, tells B&C the Supreme
Court’s recent decision in Fisher v. University of
Texas at Austin could have been “much worse.”
In the decision, the high court said race could
be used as a factor in college admissions, but
that strict scrutiny would apply. To pass muster,
affirmative action must meet the court test that
it be necessary to a compelling government
interest, and that there are no other alternatives
to achieving the desired diversity.
MMTC joined with some former FCC members—
chairmen Reed Hundt and Michael Copps
and commissioners Andrew Barrett, Tyrone
Brown, Nicholas Johnson and Gloria Tristani—to
file a brief with the court in support of the lower
court ruling. They argued that diversity in college
“serves as a necessary predicate to the equally
strong governmental interest in media diversity.”
The Supremes did not affirm the lower court,
but they also did not rule that diversity could not
be used as a factor in admissions, either.
“Consideration of race as a factor in college
admissions, to promote diversity, has survived
thanks to this narrow ruling,” Honig says.
MMTC has been urging the FCC to take some
action on dozens of diversity initiatives that
MMTC has proposed.