FCC v. Pacifica Foundation PDF

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Summary

Constitutional Law II 2020 case brief for FCC...

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FEDERAL COMMUNICATIONS COMM. v. PACIFICA FOUNDATION 438 U.S. 726 (1978) FACTS: Parties: Appellant: Appellee: Procedural History:  Relevant Facts: 

NY radio station aired George Carlin’s monologue, “Filthy Words”

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Carlin spole of the words that could not be said on the public airwaves

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His list included shit, piss, fuck, cunt, cocksucker, motherfucker and tits

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The station warned listeners that the monologue included sensitive language which might be regarded as offensive to some

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The FCC received a complaint from a man who stated that he had heard the broadcast while driving with his young son

ISSUE: 

Whether the First Amendment denies government any power to restrict the public broadcast of indecent language under any circumstances

PARTIES’ ARGUMENTS: Appellant:  Appellee:  DISPOSITION OF THE COURT:  RULE OF LAW: 

HOLDING: 

The First Amendment does not deny the government power to restrict the public broadcast of indecent language

COURT’S REASONING:  

Limited civil sanctions could constitutionally be invoked against a radio broadcast of patently offensive words dealing with sex and execration Audience, medium, time of day and method of transmission are relevant factors in determining whether to invoke sanctions

CONCURRING OPINION:  DISSENTING OPINION: ...