FCC v. Pacifica Foundation

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Issue:

Does the First Amendment deny government any power to restrict the public broadcast of indecent language under any circumstances?

Result of this broad cast:

a man wrote a letter of complaint to the FCC, claiming that he heard the monologue on his car radio while he was driving with his young son.

FCC response:

an investigation

Wghat did Pacifica do?

appealed

Who:

Pacifica Foundation owner of a radio station

What happened:

one afternoon broadcast a recorded monologue by humorist George Carlin titled "Filthy Words." In it Carlin recites a litany of words and phrases that, although not obscene, are considered indecent and offensive by many.

Supreme court decision:

reversed it. the justices held that of all forms of communication, broadcasting has the most limited First Amendment protection. The electronic media, the majority held, differ from the print media because they have a pervasive presence that can invade the privacy of the home and because they are uniquely available to children.

results:

sucessful

FCC findings and results:

the FCC issued an order declaring the broadcast to have been in violation of a federal statute that prohibits the transmission of indecent language on the public airways.


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