Neha Patil (Editor)

FCC v. Pacifica Foundation

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End date
  
1978

FCC v. Pacifica Foundation cbldforgwpcontentuploads201305wbaijpg

Citations
  
438 U.S. 726 (more)98 S. Ct. 3026; 57 L. Ed. 2d 1073; 1978 U.S. LEXIS 135; 43 Rad. Reg. 2d (P & F) 493; 3 Media L. Rep. 2553

Prior history
  
Complaint granted, 56 F.C.C.2d 94 (1975); reversed, 181 U.S.App.D.C. 132, 556 F.2d 9 (1977); certiorari granted, 434 U.S. 1008

Majority
  
Stevens, joined by Burger, Blackmun, Rehnquist, Powell

Concurrence
  
Powell, joined by Blackmun

Dissent
  
Brennan, joined by Marshall

Ruling court
  
Supreme Court of the United States

Similar
  
Miller v California, Reno v American Civil Libe, Ginsberg v New York, Virginia State Pharmac, Cohen v California

Fcc v pacifica foundation george carlin s 7 dirty words


Federal Communications Commission v. Pacifica Foundation, 438 U.S. 726 (1978) is a landmark United States Supreme Court decision that defined the power of the Federal Communications Commission (FCC) over indecent material as applied to broadcasting.

Contents

George carlin and the fcc v pacifica foundation absurdity today talks ep 15 mirror


Facts

In 1973, a father complained to the FCC that his son had heard the George Carlin routine "Filthy Words" broadcast one afternoon over WBAI, a Pacifica Foundation FM radio station in New York City. Pacifica received censure from the FCC, in the form of a letter of reprimand, for allegedly violating FCC regulations which prohibited broadcasting indecent material.

Holding

The U.S. Supreme Court upheld the FCC action in 1978, by a vote of 5 to 4, ruling that the routine was "indecent but not obscene". The Court accepted as compelling the government's interests in:

  • Shielding children from potentially offensive material, and
  • Ensuring that unwanted speech does not enter one's home.
  • The Court stated that the FCC had the authority to prohibit such broadcasts during hours when children were likely to be among the audience, and gave the FCC broad leeway to determine what constituted indecency in different contexts.

    Impact

    In 1997, Pacifica Radio "Living Room" host Larry Bensky prefaced an interview with Carlin by saying: "George Carlin, you're a very unusual guest for Pacifica Radio. You're probably the only person in the United States that we don't have to give The Carlin Warning to about which words you can't say on this program, because it's named after you."

    References

    FCC v. Pacifica Foundation Wikipedia


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