Federal Communications Commission v. Pacifica Foundation 1978

AuthorDaniel Brannen, Richard Hanes, Elizabeth Shaw
Pages221-225

Page 221

Petitioner: Federal Communications Commission (FCC)

Respondents: Pacifica Foundation, et al.

Petitioner's Claim: That the federal government can control the time for broadcasting offensive radio programs.

Chief Lawyer for Petitioner: Joseph A. Marino

Chief Lawyer for Respondent: Harry A. Plotkin

Justices for the Court: Harry A. Blackmun, Warren E. Burger, Lewis F. Powell, Jr., William H. Rehnquist, John Paul Stevens

Justices Dissenting: William J. Brennan, Jr., Thurgood Marshall, Potter Stewart, Byron R. White

Date of Decision: July 3, 1978

Decision: The federal government can penalize a radio station for broadcasting an indecent program when children are likely to be listening.

Significance: Pacifica defined indecent broadcast material and recognized the FCC's power to control the time of such broadcasts.

Page 222

The First Amendment protects the freedom of speech in America by saying, "Congress shall make no law . . . abridging [limiting] the freedom of speech." When Americans think of free speech, they usually imagine speeches delivered in public, or books, magazines, and newspapers sold in stores and newsstands.

George Carlin's show, "Dirty Words," was found to be offensive by the Supreme Court because it contained "obscene, indecent, or profane language." Reproduced by permission of Archive Photos, Inc.

The freedom of speech, however, also applies to the broadcast media of television and radio. In Washington, D.C., the Federal C o m m u n i c a t i o n s Commission ("FCC") regulates these media by making rules for radio and television stations to follow. The FCC was created by Congress to ensure that radio and television stations serve a beneficial public interest.

Although the FCC regulates the broadcast media, it is not to interfere with the freedom of speech. That means it cannot stop a radio station from broadcasting a program just because the government does not like the program. After a program airs, however, the FCC can fine the radio station if the program violates one of the FCC's rules. Under a law passed by Congress, one of those rules is that radio stations may not use "obscene, indecent, or profane language." In Federal Communications Commission v. Pacifica Foundation, (1978) a radio station challenged that rule, saying it violated the freedom of speech.

Page 223

Dirty words

The case began in the early...

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