Home > FCC v. Pacifica Foundation

1 Facts

In 1973, a father complained to the FCC that his son had heard the George Carlin routine " Filthy Words" broadcast one afternoon over WBAI, a Pacifica Foundation FM radio station in New York City. Pacifica received a citation from the FCC, which sought to fine Pacifica for allegedly violating FCC regulations which prohibited broadcasting "obscene" material.

2 The Bench

The makeup of the supreme court and their opinions were:

2.1 Opinion

• Written by: Justice John Paul Stevens

1. Joined by: Chief Justice Warren E. Burger and Justice William H. Rehnquist
2. Joined by: Justices Harry Blackmun and Lewis Franklin Powell, Jr.Lewis Franklin Powell, Jr. September 19, 1907 August 25, 1998) was an Associate Justice of the Supreme Court of the United States. He was known as a master of compromise and consensus building. He was born in Suffolk, Virginia. He attended Washington and (in all but Parts IV-A and IV-B)

2.2 Concurring Opinion

• Written by: Justice Powell

• Joined by: Justice Blackmun

2.3 Dissenting

1.Written by: Justice William J. BrennanWilliam Joseph Brennan ( April 25, 1906 July 24, 1997) was an Associate Justice of the Supreme Court of the United States. He believed in the "essential dignity and worth of each individual," his words from a 1987 speech. Brennan was the second of eight c

• Joined by: Justice Thurgood MarshallThurgood Marshall ( July 2, 1908 January 24, 1993) was the first African-American justice of the Supreme Court of the United States. He was known for his liberal and pro- Civil rights positions. He served on the court from 1967 until 1991, when he retired

2.Written by: Justice Potter StewartPotter Stewart ( January 23, 1915 December 7, 1985) was an Associate Justice of the United States Supreme Court. Stewart was born in Jackson, Michigan while his family was on vacation. His father, James G. Stewart, was a prominent Republican from Cincinna

• Joined by: Justices Brennan, Byron WhiteByron Raymond White ( June 8, 1917 April 15, 2002) won fame both as a bruising running back and as an associate justice of the Supreme Court of the United States. Appointed to the court by John F. Kennedy in 1962, he served until his retirement in 1993. and Marshall

3 Holding

The U.S. Supreme Court upheld the FCC action, by a vote of 5 to 4, ruling that the routine was "indecent but not obscene." They stated that the FCC had authority to prohibit such broadcasts during hours when children were likely to be among the audience.