FCC v. Pacifica Foundation

Federal Communications Commission v. Pacifica Foundation, 438 U.S. 726 (1978), was a landmark decision of the US Supreme Court that defined the power of the Federal Communications Commission (FCC) over indecent material as applied to broadcasting.[1]

Quick facts: FCC v. Pacifica Foundation, Argued April 18–1... ▼

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, Rehnquist, Powell
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