Federal Communications Commn. v. Pacifica Foundation
Supreme Court
438 U.S. 726 (1978)
A New York radio station owned by Pacifica Foundation (defendant) aired comedian George Carlin's twelve-minute monologue repeating a set of words considered unsuitable for the public airwaves, preceded by a warning that some listeners might find the content offensive. After a listener complained that he had heard the broadcast while driving with his young son, the FCC found Pacifica liable for administrative sanctions under statutes prohibiting "obscene, indecent, or profane" broadcast language. Pacifica challenged the order on First Amendment grounds; the district court upheld the FCC, the court of appeals reversed, and the Supreme Court granted certiorari.
Whether the First Amendment permits the FCC to regulate a radio broadcast that is indecent, even though it is not legally obscene.