Federal Communications Commission v. Pacifica Foundation - Obscene Or Offensive Speech, Filthy Words, Patently Offensive Language Hits The Fan, Legal Proceedings
court petitioner broadcast decision
Petitioner
Federal Communications Commission
Respondent
Pacifica Foundation, et al.
Petitioner's Claim
That "patently offensive," although not necessarily obscene, speech should be subject to federal regulation.
Chief Lawyer for Petitioner
Joseph A. Marino
Chief Lawyer for Respondent
Harry M. Plotkin
Justices for the Court
Harry A. Blackmun, Warren E. Burger, Lewis F. Powell, Jr., William H. Rehnquist, John Paul Stevens (writing for the Court)
Justices Dissenting
William J. Brennan, Jr., Thurgood Marshall, Potter Stewart, Byron R. White
Place
Washington, D.C.
Date of Decision
3 July 1978
Decision
Upheld the Federal Communications Commission (FCC), overturning a court of appeals ruling that speech can only be regulated when it is obscene or has "prurient appeal."
Significance
This ruling established the authority of the FCC to regulate the broadcast of "indecent" material, restricting such broadcasts to hours of the day when children would be unlikely to be in the audience. In its decision the Court also defined broadcast obscenity as "language that describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs."
Related Cases
- Chaplinsky v. New Hampshire, 315 U.S. 568 (1942).
- Red Lion Broadcasting Co. v. Federal Communications Commission, 395 U.S. 367 (1969).
- Miller v. California, 413 U.S. 15 (1973).
- New York v. Ferber, 458 U.S. 747 (1982).
Sources
Hindman, Elizabeth B. Rights vs. Responsibilities: The Supreme Court and the Media. Westport, CT: Greenwood Press, 1997.
Sources
Daniel, Clifton, ed. Chronicle of the Twentieth Century. Mt. Kisko, NY: Chronicle, 1987.
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