Entertainment Law

Brief

Federal Communications Commission v. Pacifica Foundation

Procedural History:

• Court upheld the FCC’s finding that Carlin’s language violated the terms of the Communication Act which barred indecent, though not necessarily obscene broadcasts.
• Supreme Court finds the government has the right to ban certain broadcasts in certain situations.

Facts:

• George Carlin recorded a 12-minute long monologue entitled “Filthy Words”
• He delivered this on a live stage in California.
• Later, it was replayed by Pacifca over an afternoon radio broadcast in New York.
• A man who heard it in his car with his young son filed a complaint.
• Pacifica responded by comparing Carlin to Twain and Sahl and calling Carlin a significant social satirist.

Issue:

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

Holding:

• No, not in certain situations.

Reasoning:

• The court notes that the government may forbid speech that is calculated to provoke a fight.
• Obscene materials have been denied the protection of the First Amendment because their content is so offensive to contemporary moral standards.
• Words that are common place in one setting may be shocking in another.
• Because the broadcast audience is constantly tuning in and out, prior warnings cannot completely protect the listener or viewer from unexpected content.
• Broadcasting is uniquely accessible to children.
• Therefore, the government may ban certain broadcasts in certain situations.
• There does not seem to be any bright line rule