NAB Legal Guide to Broadcast Law and Regulation, 6th Edition

Appendix 25FFCC v. Pacifica Foundation

438 U.S. 726 (1978)

The Case

In 1973, a New York radio station owned by Pacifica Foundation aired a satirical monologue by comedian George Carlin entitled “Filthy Words,” in which Mr. Carlin repeated and discussed “the words you couldn’t say on the public, ah, airwaves, um, the ones you definitely wouldn’t say, ever.” A listener complained about the broadcast to the FCC. In 1975, the Commission released an order finding that the broadcast included certain words depicting sexual and excretory activities in a patently offensive manner during a time when children were undoubtedly in the audience. The FCC concluded that the language as broadcast was indecent and prohibited by statute. See 18 U.S.C. § 1464 ...