FCC v. Pacifica Foundation

FCC v. Pacifica Foundation
Supreme Court of the United States
Argued April 18–19, 1978 Decided July 3, 1978
Full case name	Federal Communications Commission v. Pacifica Foundation, et al.
Citations	438 U.S. 726 (more) 98 S. Ct. 3026; 57 L. Ed. 2d 1073; 1978 U.S. LEXIS 135; 43 Rad. Reg. 2d (P & F) 493; 3 Media L. Rep. 2553
Case history
Prior	Complaint granted, 56 F.C.C.2d 94 (1975); reversed, 556 F.2d 9 (D.C. Cir. 1977); cert. granted, 434 U.S. 1008 (1978).
Holding
Because of the pervasive nature of broadcasting, it has less First Amendment protection than other forms of communication. The F.C.C. was justified in concluding that Carlin's "Filthy Words" broadcast, though not obscene, was indecent, and subject to restriction.
Court membership
Chief Justice Warren E. Burger Associate Justices William J. Brennan Jr. · Potter Stewart Byron White · Thurgood Marshall Harry Blackmun · Lewis F. Powell Jr. William Rehnquist · John P. Stevens
Case opinions
Majority	Stevens (Parts I, II, III, and IV-C), joined by Burger, Blackmun, Powell, Rehnquist
Concurrence	Stevens (Parts IV-A and IV-B), joined by Burger, Rehnquist
Concurrence	Powell, joined by Blackmun
Dissent	Brennan, joined by Marshall
Dissent	Stewart, joined by Brennan, White, Marshall
Laws applied
U.S. Const. amend. I; 18 U.S.C. § 1464

Federal Communications Commission v. 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.^[1]