Federal Communications Commission v. Pacifica Foundation
Encyclopedia
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. In July 2010, a Second Circuit
decision
effectively argued that the Pacifica Decision was outdated.
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.
". The Court accepted as compelling the government's interests in 1) shielding children from patently offensive material, and 2) 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.
Landmark decision
Landmark court decisions establish new precedents that establish a significant new legal principle or concept, or otherwise substantially change the interpretation of existing law...
United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision that defined the power of the Federal Communications Commission
Federal Communications Commission
The Federal Communications Commission is an independent agency of the United States government, created, Congressional statute , and with the majority of its commissioners appointed by the current President. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the...
(FCC) over indecent
Decency
Decency is the quality or state of conforming to social or moral standards of taste and propriety.-See also:*Taste *Communications Decency Act*Public indecency*Indecent exposure*Sodomy law*Norm *Grotesque body...
material as applied to broadcasting. In July 2010, a Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
decision
Federal Communications Commission v. Fox Television Stations
FCC v. Fox Television Stations is a 2009 legal case in which the United States Supreme Court upheld regulations of the Federal Communications Commission that ban "fleeting expletives" on television broadcasts, finding they were not arbitrary and capricious under the Administrative Procedure Act. It...
effectively argued that the Pacifica Decision was outdated.
Facts
In 1973, a father complained to the FCC that his son had heard the George CarlinGeorge Carlin
George Denis Patrick Carlin was an American stand-up comedian, social critic, actor and author, who won five Grammy Awards for his comedy albums....
routine "Filthy Words
Seven dirty words
The seven dirty words are seven English language words that American comedian George Carlin first listed in 1972 in his monologue "Seven Words You Can Never Say on Television". The words include: shit, piss, fuck, cunt, cocksucker, motherfucker, and tits...
" broadcast one afternoon over WBAI
WBAI
WBAI, a part of the Pacifica Radio Network, is a non-commercial, listener-supported radio station, broadcasting at 99.5 FM in New York City.Its programming is leftist/progressive, and a mixture of political news and opinion from a leftist perspective, tinged with aspects of its complex and varied...
, a Pacifica Foundation FM radio station in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
. 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 obsceneObscenity
An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...
". The Court accepted as compelling the government's interests in 1) shielding children from patently offensive material, and 2) 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.
See also
- List of United States Supreme Court cases, volume 438
- FCC v. Fox Television Stations
External links
- Text of the decision from the Electronic Frontier FoundationElectronic Frontier FoundationThe Electronic Frontier Foundation is an international non-profit digital rights advocacy and legal organization based in the United States...
- Text of the decision courtesy of FindLaw.
- Audio of the oral argument and decision
- First Amendment Library entry on FCC v. Pacifica Foundation