Дело Pacifica Foundation против FCC: Регулирование нецензурной лексики на радио

1978 landmark US Supreme Court case

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.

On the afternoon of October 30, 1973, radio station WBAI in New York City, owned by the nonprofit Pacifica Foundation, aired a program about societal attitudes toward language and included the monologue "Seven Words You Can Never Say on Television" by comedian George Carlin, from his 1972 album Class Clown. The broadcast included Carlin's recitation of the words "shit", "piss", "fuck", "cunt", "cocksucker", "motherfucker", and "tits". John Douglas, an active member of Morality in Media, filed a complaint with the Federal Communications Commission (FCC) claiming that he had heard the broadcast on his car radio while driving with his young son, and that the content was inappropriate for minors per the FCC's rules on indecency over the public broadcast airwaves. Douglas also noted that the material should not have been broadcast during the daytime (it was approximately 2:00pm) when minors were more likely to be listening, per the FCC's rule requiring adult oriented programming to only be broadcast during late night hours. The order also explained that the Carlin routine was "patently offensive" and "deliberately broadcast" at a time when minors could have been listening, which were forbidden per the Communications Act of 1934. Given the apparently conflicting provisions of the 1934 Act that were raised in the circuit court ruling, the FCC appealed to the U. S. Supreme Court. The high court accepted the case in 1978 and resolved to reconcile the Act's restrictions on indecent broadcasting content with its prohibition of censorship. The high court ruled 5–4 in favor of the FCC, holding that the Carlin routine was "indecent but not obscene". Therefore, the Commission could not ban such content outright, but it could restrict broadcasts to certain times of day. This was because the Commission had the authority to shield children from potentially offensive material, and to ensure that unwanted speech does not intrude on the privacy of one's home. If the Carlin routine had included obscenity, the FCC could have banned it from the broadcast airwaves outright. Since the routine was merely indecent (unacceptable for some audiences but acceptable for others), the FCC could not ban the content but could restrict it to certain times of day. This became known as the FCC's safe harbor rule. The ruling gave the FCC broad leeway to determine what constituted indecency in different contexts. Conversely, it would be acceptable for Pacifica or any other radio station to broadcast the Carlin routine, or any similarly indecent material, outside of the daytime safe harbor hours when vulnerable audiences like children are more likely to be listening.

The Pacifica ruling is often cited as one of the most important precedents in American broadcasting law and the U. S. government's ability to regulate mass media content. The case is also cited for clarifying the potential conflict between the government's interest in protecting audiences and a broadcaster's First Amendment rights, though the Supreme Court's interpretation is sometimes criticized for its inconsistency and inability to adapt to new media technologies or trends in popular content. The case is also an important precedent for determining the differences between obscene and indecent content and appropriate regulatory reactions to them. George Carlin has been credited for his role in this turning point for the law. In 1997, Pacifica Radio host Larry Bensky prefaced an interview with Carlin by saying: "George Carlin, you're a very unusual guest for Pacifica Radio. You're probably the only person in the United States that we don't have to give The Carlin Warning to about which words you can't say on this program, because it's named after you." Despite its victory in Pacifica, the FCC at first used its new safe harbor regulatory powers sparingly. In the 1990s, however, the FCC ramped up sanctions for indecent broadcasts. By the early 2000s, the Commission began to levy more sanctions with higher dollar amounts–with fines of up to $500,000 for some offenses. Such actions have been inconsistent and sometimes raise accusations of selective enforcement.