e hear on the radio.
This landmark case gave the FCC the "power to regulate radio
broadcasts that are indecent but not obscene." (Gunther, 1991) What
does that mean, exactly? According to the government it means that the
FCC can only regulate broadcasts. They can not censor broadcasts, that
is determine what is offensive in the matters of speech. Before this
case occurred there were certain laws already in place that prohibited
obscenity over radio. One of these laws was the "law of nuisance".
This law "generally speaks to channeling behavior more than actually
prohibiting it."(Simones, 1995) The law in essence meant that certain
words depicting a sexual nature were limited to certain times of the
day when children would not likely be exposed. Broadcasters were
trusted to regulate themselves and what they broadcast over the
airwaves. There were no specific laws or surveillance by regulatory
groups to assure that indecent and obscene material would not be
broadcast. Therefore, when the case of the FCC vs. Pacifica made its
way to the Supreme Court it was a dangerous decision for the Supreme
Court to make. Could the government regulate the freedom of speech?
That was the ultimate question. Carlin's monologue was speech
according to the first amendment.(Simones, 1995) Because of this
Pacifica argued that "the first amendment prohibits all governmental
regulation that depends on the content of speech."(Gunther, 1991)
"However there is no such absolute rule mandated by the constitution,"
according to the Supreme Court.(Gunther, 1991) Therefore the question
is "whether a broadcast of patently offensive words dealing with sex
and excretion may be regulated because of its content. The fact that
society may find speech offensive is not a sufficient reason for
suppressing it."(Gunther, 1991) The Supreme Court deemed that these
words offend for the same reas...