The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, April 18, 1978
Decision: Monday, July 3, 1978
Issues: First Amendment, Miscellaneous

Advocates

Louis F. Claiborne (Argued the cause for the United States, a respondent under this Court's Rule 21 (4))
Joseph A. Marino (Argued the cause for the petitioner)
Harry M. Plotkin (Argued the cause for respondent Pacifica Foundation)

Facts of the Case

During a mid-afternoon weekly broadcast, a New York radio station aired George Carlin's monologue, "Filthy Words." Carlin spoke of the words that could not be said on the public airwaves. His list included shit, piss, fuck, cunt, cocksucker, motherfucker, and tits. The station warned listeners that the monologue included "sensitive language which might be regarded as offensive to some." The FCC received a complaint from a man who stated that he had heard the broadcast while driving with his young son.

Question

Does the First Amendment deny government any power to restrict the public broadcast of indecent language under any circumstances?

Conclusion

No. The Court held that limited civil sanctions could constitutionally be invoked against a radio broadcast of patently offensive words dealing with sex and execration. The words need not be obscene to warrant sanctions. Audience, medium, time of day, and method of transmission are relevant factors in determining whether to invoke sanctions. "[W]hen the Commission finds that a pig has entered the parlor, the exercise of its regulatory power does not depend on proof that the pig is obscene."

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 5 votes for FCC, 4 vote(s) against
Legal Provision: Amendment 1: Speech, Press, and Assembly
Voted with the majority
Burger
Wrote a dissent, joined Stewart's dissent
Brennan
Wrote a dissent
Stewart
Voted with the minority, joined Stewart's dissent
White
Voted with the minority, joined Stewart's dissent, joined Brennan's dissent
Marshall
Voted with the majority, joined Powell's concurrence
Blackmun
Wrote a special concurrence
Powell
Voted with the majority
Rehnquist
Wrote the majority opinion
Stevens
Full Opinion by Justice John Paul Stevens

Cite this page

The Oyez Project, FCC v. Pacifica Foundation, 438 U.S. 726 (1978),
available at: <http://www.oyez.org/cases/1970-1979/1977/1977_77_528/>
(last visited ).