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Communication Law Keyed to Benjamin, 2nd Ed.
Federal Communications Commission v. Pacifica Foundation
Citation:
438 U.S. 726 (1978)Facts
On October 30, 1973, at approximately 2 PM, a New York radio station owned by Pacifica Foundation broadcast comedian George Carlin’s 12-minute “Filthy Words” monologue, which repeatedly used seven words referring to sexual and excretory activities and organs. Before the broadcast, listeners were advised that it contained “sensitive language.” A father who heard the broadcast while driving with his young son filed a complaint with the FCC. The Commission did not impose formal sanctions but issued a declaratory order finding that the language was “patently offensive” and indecent, particularly because it was broadcast in the afternoon when children were likely to be in the audience. The Commission characterized its approach as “channeling” rather than prohibiting such content, noting that context matters in determining indecency. The Court of Appeals reversed, with the majority finding the FCC’s action constituted censorship prohibited by statute or was overbroad.
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