5–4 decision for Federal Communications Commission majority opinion by John Paul Stevens

FCC v. Pacifica Foundation: The Federal Communications Commission has substantial powers over controlling indecency in broadcasting, which is less protected by the First Amendment because it is so pervasive.

On October 30, 1973, at 2:00 p.m., a New York radio station, owned by the Respondent, Pacifica Foundation (Respondent) broadcast the “Filthy Words” monologue. A few weeks later, a man who stated that he heard the broadcast while driving with his young son, wrote a letter complaining to the Petitioner, the Federal Communications Commission ...

Pacifica Foundation, 438 U.S. 726 (1978), was a landmark decision of the United States Supreme Court that upheld the ability of the Federal Communications Commission (FCC) to regulate indecent content sent over the broadcast airwaves.

This case requires that we decide whether the Federal Communications Commission has any power to regulate a radio broadcast that is indecent but not obscene.

Pacifica challenged the FCC order in federal district court on First Amendment grounds. The district court upheld the FCC’s ruling, but the court of appeals reversed. The United States Supreme Court granted certiorari.

Jan 1, 2009 · Pacifica Foundation, 438 U.S. 726 (1978), the Supreme Court allowed the government to regulate indecent speech over the broadcast medium. The decision reaffirmed the notion that the government has a freer hand to regulate the …

Feb 4, 2022 · F.C.C. v. Pacifica Foundation, 438 U.S. 726 (1978) is a landmark United States Supreme Court decision that defined the power of the Federal Communications Commission (FCC) over indecent material as applied to broadcasting.

Apr 6, 2024 · Pacifica Foundation (plaintiff) broadcast a controversial monologue by George Carlin, which led to a complaint and subsequent FCC (defendant) sanctions for indecency. The dispute centered on whether such broadcasts could be regulated without infringing on First Amendment rights.

The Supreme Court of the United States, in a five-to-four vote, held that the Federal Communications Commission (FCC or Commission) had authority to regulate the broadcast of indecent content to the public under 18 U.S.C. Section 1464, and found that offensive content is not entitled to absolute protection under the First Amendment.