Federal Communications Commission v. Pacifica Foundation (1977)

Docket
77-528
Decided
1977-01-01

Summary

Question: Does the First Amendment deny government any power to restrict the public broadcast of indecent language under any circumstances? Conclusion: No. The Court held that limited civil sanctions could constitutionally be invoked against a radio broadcast of patently offensive words dealing with sex and execration. The words need not be obscene to warrant sanctions. Audience, medium, time of day, and method of transmission are relevant factors in determining whether to invoke sanctions. "[W]hen the Commission finds that a pig has entered the parlor, the exercise of its regulatory power does not depend on proof that the pig is obscene."

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